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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My stepfathers children sold the house my mother and stepfather

Customer Question

My stepfathers children sold the house my mother and stepfather purchsed together. My mother died 2002. My stepfather died 2014. Property went to probate and was sold without my or my sisters kmowledge. After my mothers death in 2002 my stepfather wrote a letter to my sister to say the property would be shared between all 4 of us. Do we have a legal claim?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youHave you seen a copy of his Will?Clare
Customer: replied 1 year ago.
No, but I thought if it went to probate would there be a will? Would the letter he wrote stand up and the fact that my mum paid the mortgage when he went bankrupt.
Expert:  Clare replied 1 year ago.
I assume that you did not stay in touch with your stepfather?
Customer: replied 1 year ago.
We did occasionally. Christmas cards, birthday cards the odd letter and phone call. He remarried soon after my mums death however that wife died a few years later. He them had a stroke. We did go see him in hospital. His son then came from nowhere and did live at the property to look after him. My sister had more contact. We always kept in touch with his daughter. We also attended the funeral of course. But nothing was mentioned about the house being sold so we assumed the son was still living in it. But after my mums death the intention was always that the house would be split four ways after my stepfathers death.
Customer: replied 1 year ago.
We did occasionally. Christmas cards birthday cards the odd letter and phone calls. He remarried soon after my mums death bit she later died.He then had a stroke. We did go to see him in hospital. His son came from nowhere and did live at the proprty to look aftr him. My sister had more contact but we always kept in touch. We attended the funeral of course. Nothing was mentioned about the house being sold and we presumed the son was living in it. My stepfather always intended the house be split four ways after his death and my sister has a letter written by him in sound mind after my mothers death stating that fact.
Customer: replied 1 year ago.
Hi Clare would you let me know if you received my response to your last question. I have sent it twice and still not heard.
Expert:  Clare replied 1 year ago.
My apologies for the delayDid your mother leave a WillHave you obtained a copy of the step father's Will using this sitehttps://www.gov.uk/search-will-probate
Customer: replied 1 year ago.
No didn't think I could get a copy of a will. Not sure he made one. My sister has a letter of authorisation appertaining to the property
Expert:  Clare replied 1 year ago.
Which part of the Uk are you in
Customer: replied 1 year ago.
Liverpool
Expert:  Clare replied 1 year ago.
have you now used the process to check if there is a Will?
Customer: replied 1 year ago.
Tried to but keeps crashing. There were 103 deaths with surname Noble but won't go any further than March 2014. My stepfathers name was David Marriot Noble and he died in April 2014.
Expert:  Clare replied 1 year ago.

If you use the advanced search option you will find it and can obtain a copy of the Will and the Grant of Probate

This was granted in July 2014.

Since you have not heard anything it suggests that the Will does not mention you - I am afraid that the letter has no force - but feel free to ask for more information after you get your copy of the Will

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