How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My mother passed away leaving my sister with 47% of my mothers

Customer Question

My mother passed away leaving my sister with 47% of my mothers estate, and the right of occupancy until she married or decides to leave, upon which the house will be sold and divided as per percentages, my brother was left 47% also and I was left 6%, my sister intends to remain in the house meaning neither me or my brother can get our inheritance indefinitely...what is our rights regarding the property, as joint owners can we move in the house?
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you I am afraid that the wording of your mother's Will means that your sister is entitled to live in the property undisturbed - so unless she agreesto you moving in then it is not possible,However she does have to keep the property Insured and in Good Repair,I am sorry not to give you better news - please ask if you need further detailsClare
Customer: replied 9 months ago.
Ok I understand, do we have any say over who she allows to live in the house (she intends to let her friend move in to help pay the bills) I mean can she sub let a room in the house without the co owners permission?
Customer: replied 9 months ago.
The executor of the will believes that we as co owners have a right to a set of keys to access the property to ensure it is kept maintained, he also believes that we can block her intention to sublet rooms in the house
Customer: replied 9 months ago.
Finally, there was £20000 left to pay on the mortgage, it WAS in question whether the house would have to be sold to pay off the mortgage, meaning that me and my brother would receive our inheritance, my sisters dad (we have different fathers) has gone behind everybody's back and paid off the mortgage to allow my sister to stay without having to sell to pay the mortgage, can you tell me if he has acted legally by doing this? In my mind he has affected the outcome of a will because she had no way of paying the mortgage off and he acted without anyone's permission and paid the mortgage off. Is there any action we can take about this?
Expert:  Clare replied 9 months ago.
Whether she paid it off or her father did does not matter - there was nothing wrong in doing this so there is no action that can be taken.\You are certainly entitled to a set of keys - although you need to give notice of any intention to visitShe is certainly entitled to have a friend living with her
Customer: replied 9 months ago.
Ok, are we as joint owners therefore entitled to equal shares of any income generated by rooms rented out at the address?
Expert:  Clare replied 9 months ago.
Only to any profit after deduction of costs for electricity insurance etcIndeed even then it depends on the wording of the Will
Customer: replied 9 months ago.
Ok thankyou, if I might ask one more question, as a 6 % shareholder in the estate, can I sign some of my share to another person outside of the named beneficiaries? And if so would they then have the same rights as me, for example if I gave 1 of my 6 % to a third party,would they be entitled to a set of keys and access to the property with notice to the person living in there?
Expert:  Clare replied 9 months ago.
I am afraid that is only possible with the agreements of the other two owners

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice