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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32883
Experience:  Over 25 years experience in law
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My brother conned my mum into advancing him his share of family

Customer Question

my brother conned my mum into advancing him his share of family home. he used a retirement company that charge high interest. this was in 2008 and we have just found out last month. the interest to date leaves nothing for myself or my other 3 brothers. the money was paid to his wife as he was a bankrupt. have we any legal rights here???
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
Was the money given as gift or a loan? When exactly was the money given?
Customer: replied 1 year ago.
in 2008 my mum advanced him his share of family home as he had money problems. he took care of everything all she did we sign the document. she we assured the advancing of money would cost her nothing. at 2014 the interest etc sitting at over 100k
Customer: replied 1 year ago.
he then came back 2 yrs later and took remaining value of the house as a supposed loan. so in 2008 he took 32k which we put in wifes name. and 2010 he came back and took 26,400. leaving home worthless
Expert:  Thomas Judge replied 1 year ago.
The difficulty you have is if this was a gift then your mother can not recover the sum. You are suggesting that it was in fact a gift from her to him. If it was a loan then you can seek to recover from within 6 years of the loan or within 3 years of him having acknowledging the debt. The 2010 date thus may be key. She can seek to bring a claim but I would suggest that a letter be written first to him requesting the money back. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.
we estimate the house to be worth 90-100 have we no redress here. he got 58400 and when mum goes the house goes to pay the interest
Expert:  Thomas Judge replied 1 year ago.
You only have a claim for the money lent (and interest can be charged on that). But it all comes down to what was agreed at the time between your mother and your brother. Happy to discuss but please rate positive.
Customer: replied 1 year ago.
so can we sue him or must it b her. can we do nothing about loosing family home??
Expert:  Thomas Judge replied 1 year ago.
It would have to be her - you sadly do not have any interest in law in the property at present (despite having lived there). I hope that this helps. Please rate positive
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32883
Experience: Over 25 years experience in law
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Customer: replied 1 year ago.
he was crafty enough to take her to a different solicitor the 2nd time so we dont know if it was recorded as loan or advace inheritance
Customer: replied 1 year ago.
thank u for your help
Customer: replied 1 year ago.
if u have no more advice i will rate service although i expected more detailed answers
Expert:  dianne-cssm replied 1 year ago.
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