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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good evening, my name is***** in June 2014 my Mother

Customer Question

Good evening, my name is***** in June 2014 my Mother pasted a way, I am the Executor of my Mothers Will, I have Probate, my Mother was Tenants in Common with my Farther who is still alive and living in the Family Home. My Mother has no saving what so ever, my Mothers asset was her half of the home only. My Mother left a det of £5,719.69. Which is a credit card. The credit card people are asking for the full amount. Please could you tell if this det needs to be payed in fall. Many thanks. Neil, who is in much need for guidance.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.Who did your mother leave her share of the property to?
Customer: replied 1 year ago.
Good even Clare, I hope you have had a good day. My Mother left her half to my two Sisters and myself, which is a 1/3 each, my Farther has the other half, one item I mist to tell you was the Credit card people have sold the det to a third party, who I have been exchanging letters with. I hope this helps. Neil.
Expert:  Clare replied 1 year ago.
The debt does need to be paid in full from your mother's share of the property - but this cannot happen so long as your father is living there.Accordingly you can inform the debt company that they have a choice - wait for the full amount, or take a smaller amount now BUT do make sure that they confirm that it is accepted in "full and final settlement"I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
Hello Clare, thankyou for your answer, the debt company is requiring the fall amount I have made a part offer of £3,000 but they declined it, I will tell you the problem I have. My two Sisters are saying it is our Mothers debt and in her name so they are not going to help to pay the debt off, where I believe we should, a1/3 each, my Farther Duse not wont the debt on the House, so he has told me to sort out payments with Debt Company and he will clear the debt his self, I will help by paying £2000, my Farther will then need to fill out a credit form for the debt company which I will help him to do he is 80 years old and a very proud man and a great Farther, and I fine it so sad and cannot understand why my Sisters are like they are. I am sorry Clare but I needed to tell someone. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
Hi neil
This must be very difficult for you with all the emotions involved.
Please explain to your father that he doe snot need to pay this debt (and nor do you at the moment)
The Debt collection company cannot force a sale for payment until your father decides to sell the property.
If he is insistent that the debt is cleared then do please ensure that he make sit plain that it is a loan that is repayable to the estate from your mothers share of the sale proceeds - this is only fair
Clare
Customer: replied 1 year ago.
Thankyou for your repliy Clare, in a strange and funny way, me being in the construction industry, being a carpenter and joiner, sometimes site manager, having to dill with all types of characters I fine I am copping quite well, words cannot say how I miss my Mother. One question I would like to ask, if after talking to my father about the debt and asked the debt company to wait for their money, for example if my Father lived for another ten years is that asking to much to exspect them to wait for their money. Also can they then charge interest on the out standing debt. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
Hi Neil
Time does not heal - but it does make it less acute.
The company has no choice - it is wait or nothing - and the debt is fixed
Clare
Customer: replied 1 year ago.
Good evening Clare, I hope you have had a good day, thankyou for your repliy. Today at work I was thinking about this situation, cutting timber to form a stud partition, what do you think if I was to offer £ 2000, and £ 50 pound a month doing it on a direct debit untill the debt was cleared. Do you fill this is ok to make an offer like that. Then if they say no to that which I would exspect them to do. Then say to the debt company if you do not wont to do it like that then I will wait untill my Father passes alway (the house will be sold)and the out standing debt will be cleared. Many thanks for your on going help. Neil.
Expert:  Clare replied 1 year ago.
Hi Neil
You are a good man
I woudl offer the £2000 alone - no monthly payments.
Clare
Customer: replied 1 year ago.
Good evening Clare, I hope you have had a good day. Thankyou for your repliy, may I ask a big faver of you, would you please do a draft letter to the debt company, for me to copy out and then send it to them. I will understand if you prefer not to but I was always told by both my Mother and Father to ask the question, because its better to know the answer rather than to never know. Have a nice weekend, I myself will be digging the front lawn for a car to park on it, there is it bit more to that but I do not wont to bore you. Then for a little add on to the garage, with help from my two boys. Many thanks. Neil
Expert:  Clare replied 1 year ago.
Of course
Re etc.
I refer to the above debt relating to my late mother's account.
I am acting as Executor of the Estate.
The only asset that did not pass automatically to my father is my mother's half share of the Equity in the property.
However my father has the right t o remain there so long as he wishes and accordingly I cannot force a sale.
That being the case this debt will have to remain outstanding until my father choses to vacate the property.]
he is, fortunately, currently in excellent health
Alternatively I am willing to make an immediate payment of £2000 in full and final settlement of the debt.
I look forward to hearing from you
Customer: replied 1 year ago.
Good evening Clare, I hope you had a good weekend, I am sorry I did not get back to you sooner at it was the weekend and I Do not like bothering people on weekends. Thank you very much for your reply, if I may ask you another question. I still need to get the Deed of Assent dune, is there a time limit on it when it needs to be dune by, as my two Sisters are telling me they are not ready to sign the Deed of Assent. As they are going to put their 1/3 each into a Trust, this has now been going on for nearly a year. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
Hi Neil
Are you the only Executor?
Clare
Customer: replied 1 year ago.
Hello Clare, no the other independent Executor, Has reserved the Right. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
In that case Neil you simply sign the Assent.
Your sisters have no choice in the matter
Clare
Customer: replied 1 year ago.
Hello Clare, so how I am reading your answer Clare, my Two Sisters have no reason what so every not to sign the Deed of Assent and are just stalling for the hell of it. Many thanks, Neil.
Expert:  Clare replied 1 year ago.
In fact they do not need to sign it - you do!
Customer: replied 1 year ago.
Good evening Clare I hope you have had a good day, thankyou for your answer, is the reason why they do not need to sign the Deed of Assent because they are putting their 1/3ths into a Trust. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
Hi
No - it is because they are not Executors!
Clare
Customer: replied 1 year ago.
Hello Clare, I do apologise for asking more questions but I need to get clear on the Deed of Assent, My Mother left her share and interest in the the property to my two sisters and myself in equal shares, As the Executor I will need to vest my Mother's share in my two sisters and myself and the Deed of Assent must then be registered at HM Land Registry. But when the Deed was raised I myself signed it but also my sisters needed to sign it as well, this is when my younger sister refused to sign followed quickly by my older sister. Somethink to do with them not wanting to pay Capitol gains tax. The problem I have according to my Mother's Solicitors with out my sisters signing the Deed I myself are in limbo land and I am finding it quite frustrating. And so cannot register the Deed and fall fill my Mother's wishes. Neil.
Expert:  Clare replied 1 year ago.
Hi Neil
Who drafted the AS!?
Clare
Customer: replied 1 year ago.
Hello Clare, My Mother's Solicitors delt with that. Neil
Expert:  Clare replied 1 year ago.
can you scan me a copy at all?
Customer: replied 1 year ago.
Good after Clare, My Mother's Solicitors have the forms, after my two Sisters refused to sign the Deed, I then paid the Solicitors up to date, the Solicitor told me the form needed to be signed by all three of us so our name can be but onto the house Deeds, and with out their names the Deed could not be dune, my name was on top followed by two Sisters names. The Solicitor then returned My Mother Will, Grant of Probate, and the Deeds to my Mother and Fathers home, Duse that help you at all. Just a food for thought could you do the Deed of Assent for me. I will ring the Solicitor to see if they could E-mail the form. Many thanks. Neil
Expert:  Clare replied 1 year ago.
Hi
Let me look at the form and we will see!
Clare
Customer: replied 1 year ago.
Good evening Clare, hope you have had a good day, we had a bit of sun where I was working. Just to let you know I have rang and sent My Mothers Solicitor a E-mail to ask for the forms, I will be in touch when I have them, is that ok. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
Hi Neil
You clearly stole the sun!
I shall wait to hear from you
Clare
Customer: replied 1 year ago.
Good evening Clare, where I was today we had over cast, bright, a bit of sun shine, afternoon rain O well, I Spock to My Mothers solicitors today, and was told because it over a year since the Deed Of Assent was not completed the form was shredded, I expressed my feelings and said because my two sisters are refussing to sign the Deed they are preventing my name going onto the Deeds of the Home, also after they have done their Trust, what legal problem Dose that cause me in the long term. They had no answer. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
Hi Neil
Do you have a copy of the Land Registry Entries?
Clare
Customer: replied 1 year ago.
Good evening Clare, thankyou for your reply, the answer to your question is no I do not have a copy, my thought is because the Deed was not signed and in turn the land registry form did not come about. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
Hi Neil
No, I am referring to the Title deeds - the Office Copy Entries of the Land Registry records?
Clare
Customer: replied 1 year ago.
Hello Clare, my Father has the Deeds to the Home is this what you mean. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
Ah I see.Do you know if the Land is Registered land or not?
Customer: replied 1 year ago.
Good afternoon Clare, I do not know the answer to your question, would it say on the Deeds of the house. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
It would be helpful; if you could get a copy of them.
Customer: replied 1 year ago.
Good evening Clare. I hope you had a good weekend and dune Christmas shopping, if you do not mine it may take a couple of days as my Father is not around untill I see him on Christmas Day, then I can ask him, then hopefully can forward them onto you after Christmas. The question I need to ask you is, do you require me to rate your service at this stage. Many Thank. Neil.
Expert:  Clare replied 1 year ago.
Hi Neil
That is fine.
You can rate whenever you wish - I will always answer followups anyway?
Clare
Customer: replied 1 year ago.
Hello Clare, that is fine I will be in touch with you after Christmas, I hope you and your family have a lovely Christmas. Many thanks. Neil.
Expert:  Clare replied 1 year ago.
I hope you have a good christmas as well!
Customer: replied 1 year ago.
Good even Clare, I hope you had a good Christmas, and the new year is going well for you. I have a copy of the, Official Copy of register of title, Land Registry TR1, What else do I need to register my name onto the Deeds. I also have The Grant of Representation. Many Thanks, ***** *****
Expert:  Clare replied 1 year ago.
Hi
You need an AS1 and an AP1 - both available on the Government website!
C;are
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Good afternoon Clare, Thankyou for the information, have a good weekend. Many Thanks Neil.
Customer: replied 1 year ago.
Good evening Clare, I hope you had a good day, starting tomorrow I will be constructing a oak framed boiler plant room out side.
As I have mentioned to you before, my Two Sisters are putting their 1/3 into a Trust on the Home, as I am not wonting to do this what problems would you say I could encounter when my Father passes away.
My next Question concerns me quite a lot my younger Sister is trying to get my Father to put is Half of the Home into the same Trust with both my Sisters, if he Duse this, where would I myself stand when it came to the inheritance of 1/3 of the value of the Family Home, example if my two Sisters did not wont to sale as a large amount of the Family Home would be in a Trust. Many Thanks. Neil.
Expert:  Clare replied 1 year ago.
Hi
No matter how the property is held you will always be able to force a sale
However there is no reason why your father's share should be held in a trust.
Clare
Customer: replied 1 year ago.
Good evening Clare, I hope you had a good week and not working to hard, mine went, cold, cold, cold, cold windy, wet and warm. Please could you tell me the reason why a Trust would be put onto a family Home. Many Thanks. Neil.
Expert:  Clare replied 1 year ago.
Hi
Usually it is to protect it form Inheritance Tax or Care Home fees
It is too late for it to be effective for Care Home fees for your father
Clare
Customer: replied 1 year ago.
Good afternoon Clare,Thankyou for your reply your answer is very interesting to me, please could you tell me in more detail what you mean by, " It is too late for it to be effective for Care Home fees for my Father". Many Thanks. Neil.