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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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: 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 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
I am afraid that is only possible with the agreements of the other two owners