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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33300
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Need legal advice on forfeture laws my son in law murdered

Customer Question

need legal advice on forfeture laws my son in law murdered my daughter found guilty in prison we are trying to settle her estate do his family have any rights to the property they shared
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
What offers have you made to them?
Customer: replied 1 year ago.
we asked them to vacate the premises and asked fo access in order to obtain paperwork and got no reply on making enquiries we found they had vacated ,they being his son and her boyfriend ,they had the locks changed to stop us entering and so we called a locksmith and gained entry they are demanding a key and as they have already removed property we said by appointment only .
Customer: replied 1 year ago.
daughter and her boyfriend sorry
Customer: replied 1 year ago.
he took out a mortgage on the property to do extention work and to facilitate this she had to put him on the deeds
Expert:  Clare replied 1 year ago.
I am so sorry for your loss - no doubt made a thousand times worse by the circumstances.Who owns the property?
Customer: replied 1 year ago.
originally my daughter she owned it outright 4 months after they met he moved in and in order to do some extention work she had to put the his name on the deeds
Customer: replied 1 year ago.
he then took out a mortgage to cover the costs
Customer: replied 1 year ago.
his name is ***** *****
Expert:  Clare replied 1 year ago.
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
just checking that with my eldest daughter we just want to claim back from them what we can for her two sons
Expert:  Clare replied 1 year ago.
Are they also her sons
Customer: replied 1 year ago.
they are her sons not his at all current value estimated at £230,00 and "235,00 mortgage £102,00
Customer: replied 1 year ago.
he has one daughter and one son from a previous marraige
Customer: replied 1 year ago.
tracys sons not lainy my eldest
Customer: replied 1 year ago.
the original value of the house was £210.00
Expert:  Clare replied 1 year ago.
Are there any other assets in the estate?Does anyone hold Power of Attorney for your former son in law
Customer: replied 1 year ago.
his daughter as i understand it although his sister is now threatening us with all sorts of things since we gained access claiming they have an insurance on the property this i doubt as insurance companys do not usually honour policys on unoccupied property
Customer: replied 1 year ago.
neither she nor his solicitor offer any information it seems neither she nor her father are communicating with him he did lodge an appeal whch has been refused but apparantly he has other options though we do not know on what grounds the original appeal was lodged
Customer: replied 1 year ago.
he seems to have a lot more human rights than we do thats for sure
Customer: replied 1 year ago.
there are no other assets other than the house to my knowledge
Customer: replied 1 year ago.
are you still there
Expert:  Clare replied 1 year ago.
Hi
My apologies - we have to work through our open questions in order and it can take a little time.
As things stand the fact that her husband killed your daughter means that even if they hold the property as Beneficial Joint Tenants (right of survivorship) this has automatically terminated and the property is now held by you daughter's estate and this man as Tenants in Common.
On the fact o fit it is a 50/50 split - but that could be challenged based on the fact that his contribution to the equity did not entitle him to 50% - more like 20% to 30% (sadly his actions do not debar him form receiving something)
Equally he is entitled to half of the furniture - or it's value - but that is an area for negotiation.
I am not certain if this deals with the issues that are concerning you - so do please ask as many extra questions as you wish
Clare
Customer: replied 1 year ago.
his daughter has removed several pieces of furniture the tv,dvd,many other things including 2 tool boxes full of tools belonging to my eldest daughter we do intend to pay off the mortgage on the property should we ever be able to gain control.That was one reason to stop them having access to the property before we can apply for probate.anyway I think a lot of the furniture he bought was done so on credit.
Expert:  Clare replied 1 year ago.
Hi
If you pay off the mortgage then this man will benefIt - he does own half of the property.
Are you sure that this is what you wish to do?
Clare

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