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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
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 in January. My brother and I are executors

Resolved Question:

My mother passed away in January. My brother and I are executors for her will. My mother had bought a piece of land and put it in hers and my brothers name. He says that he wants to sell it to pay the inheritance tax on her main residence which she owns out right. Do I have a say in the selling off of the piece of land?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstWhy do you not wish this piece of land to be sold?
Customer: replied 1 year ago.
I do not have a problem with land be sold, as he initially sad to pay for inheritance tax. But now he is saying that he will not be paying all the tax because he will not have as much profit left for himself. does this mean that I have no say, even though it is in joint name and this has been entered as part of her estate? My brother says that the property is his and he has all the say in this instance
Expert:  Clare replied 1 year ago.
Do you know if the property was held as "Tenants in Common" or as "beneficial joint tenants"How much is the property worth and how much is outstanding on the mortgage
Customer: replied 1 year ago.
It appears that it might be beneficial joint tenants. The property is worth £180,000 and there is no mortgage. £81,000 has been entered under jointly owned assets for IHT. My brother does not see that he needs to keep me abreast of what is happening. And I'm getting a little concerned
Expert:  Clare replied 1 year ago.
If it was held as beneficial Joint tenants then I am afraid it does indeed now belong fully to your brother as it passed to him by Right of Survivorship and accordinglyhe has no need to consult you about any salePlease ask if you need further details
Customer: replied 1 year ago.
Can I press for the fact that having this property, has bumped up the IHT, he should pay more? Would I have a case?
Expert:  Clare replied 1 year ago.
Sadly no - there is no legal basis on which this can happen
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