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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10635
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My husbands father has a property and his daughter is trying

Resolved Question:

My husbands father has a property and his daughter is trying to sell and give my husband nothing . I have a boy and a girl and the daughter is taking advantage of the fathers old fragile state.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Does your Husban's sister have Power of Attorney? (I am just trying to work out why she has conduct of the Sale)

I look forward to hearing from you.

Al

Customer: replied 2 years ago.
I am not sure maybe this is why she is taking advantage.
Expert:  Aston Lawyer replied 2 years ago.

Thanks- I take it that your Husband's Father is still alive?

Al

Customer: replied 2 years ago.
Yes he is still alive and she does not allow contact with us or even to see his grandchildren.My husband is unwell too .
Expert:  Aston Lawyer replied 2 years ago.

Thanks for your reply.

Well, on the basis that the property is in your Husband's Father's name, any Solicitor who is dealing with the Sale will be under a duty to pay the proceeds of Sale to your Husband's Father. This is the case even if the daughter has Power of Attorney- this is because an Attorney is only legally entitled to oversee the other party's financial affairs and she would be committing a crime if she put the Sale monies in her own account- it has to be put into Father's account.

I hope this assists and set sout the legal position.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
What can my husband do to claim his inheritance if she persists with the sale of the house and is she is also going to buy herself another property .
Expert:  Aston Lawyer replied 2 years ago.

While your Husband's Father is alive, he is free to do with his money (and any proceeds from the Sale) as he so wishes, so if he transfers the money to his Daughter, it may be hard for your Husband to prove his sister has done nothing wrong.

All your Husband can do is to speak to his Father to make sure all his money does not pass to his daughter.

Kind Regards

Al