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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34586
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother transfer the deeds over to my brother in 2004 on

Resolved Question:

my mother transfer the deeds over to my brother in 2004 on the understanding that when i was available he would put it into joint names (i was living away) he died and my mothers house went to my sister in law my mother has paid no rent in all this time and has maintained the property to a high standard how do i stand
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.have you spoken to your sister in law about this?Does she also live at the property?
Customer: replied 1 year ago.
She has now passed away no one other than my mum has lived at the property
Expert:  Clare replied 1 year ago.
Who has inherited her estate?
Customer: replied 1 year ago.
Her new husband who is giving it my brothers children who have said that I am not going to get anything which has upset my mother one of her grandchildren my brothers children has even said kick her out so we can sell it it seems so unfair that I am being missed out
Expert:  Clare replied 1 year ago.
How old is your mother now and could she cope with a court application?
Customer: replied 1 year ago.
She is 87 but is very upset that I am not getting any share of her house she was badly advised at the time ever since then that's the deeds transfer she has paid out lots of money on repairs she just wants it to be fair
Expert:  Clare replied 1 year ago.
Why did she do it
Customer: replied 1 year ago.
To protect herself from paying for care in her old age
Expert:  Clare replied 1 year ago.
Are the solicitors who dealt with it still in business
Customer: replied 1 year ago.
I think they are but have been taken over the lawyer has died since
Expert:  Clare replied 1 year ago.
It appears that your mother was badly advised.In fact it would not necessarily protect the property from Care Home fees either.From what you have said it is clear that your mother only gave the property to your brother on the basis that he would give you 50% of the property AND that she couldlive there for life.It is not necessarily easy but your mother can apply to the Courts using the Trusts of Land and Appointment of Trustees Act for an Order that the the property is transferred into thenames of you and your nephews- with 50% to you.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you is it a case of going to a lawyer for this
Expert:  Clare replied 1 year ago.
You could do it yourself - but it will not be easy and the family interactions could be painful
Customer: replied 1 year ago.
Thank you I will speak to my mum
Expert:  Clare replied 1 year ago.
I hope all goes well
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