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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Madam I am seeking advice on will reading & property deeds .

Customer Question

Dear sir/madam
I am seeking advice on will reading & property deeds . My father passed awayast Thursday 26/4/16, on Friday 27/4/16 my step sister came over to my mothers and my house , and took the deeds to the house along with all my fathers ID , passport, pension papers , tax papers and bank account details . Am I right in thinking she has no ileagel right to do so before a solicitor has requested them . As my fathers death has not been registered yet nor has his he will be read . Six years ago my father brought this current property of Dawnview , chapel end way , stambourne , Halstead essex co94nx . Of which my mother , father , myself my wife and my three children live at this address . Before buying the property we made my step brother and step sister aware of our plans . Of which they all agreed . I was to build an annex for my parents , and my self and my wife was to to do rest of the house up for ourselfs . The annex has been designed for my disabled mother and our ground for has been designed to accomadate my son with special needs as his future is still unknown . This was all agreed on a gentlemans hand shake between my father and my self .since my fathers passing my mother , and step brother & step sister now want to sell to house . My wife & my self have paid rent in the whole six years of being here . I have paid and carried out all the construction work myself , with help my father and father in law . All three of my children go to the local schools and we have close ties to surrounding villages . I have under taken and paid for most of construction work myself .we agreed that we would care for my parents and that we would also be there for them . Now my father has passed away and we asked my mother who my fathers solicitor was she is now refusing to talk to us nor let us care for her . I would be very grate full on any advice you can offer my wife and myself . Kind regards Ian & Janine playle
Submitted: 6 months ago.
Category: Law
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is ***** ***** I am sorry for your loss

I shall do my best to help you but I need some further informtaion first.

Who is the Executor of the Will?

How much is the house worth and how much is outstanding on the mortgage?

How was the purchase funded?

Customer: replied 6 months ago.
We don't know who the exectour is as will not been opened by a solicitor as yet , but my husbands step brother has take it apon him and my husband step sister to deal with the paper work , keeping my husband completely out of the loop. The house was brought for £250,000 six years ago of which my father in law paid for . My husband and my self have since put £180,000 towards doing the house up . As my husband has built annex re roofed our side to accomate our children . As one of my son has special needs .
Expert:  Clare replied 6 months ago.

How much is the property worth now?

Customer: replied 6 months ago.
Hi there I have know idea as we currently have no mains water / heating or electric in our side as we're still in working procress . We're currently living in our front room with the children on camp beds while we're doing to house up . We have also being paying £500 per month to my in laws while doing the house up .
Expert:  Clare replied 6 months ago.

Best guess on the value of the property as a whole as it is

Customer: replied 6 months ago.
When complete approx £500,000 .
Expert:  Clare replied 6 months ago.

And in its current position?

Customer: replied 6 months ago.
It's only worth about £350,000 if that as is .
Expert:  Clare replied 6 months ago.

Have you been asked to leave?

Customer: replied 6 months ago.
we have but we're not going to as I three children that go to the local schools my youngest son has special needs. And the moment it's half term . So she has now gone yesterday to stay with my husbands step sister .
Expert:  Clare replied 6 months ago.

Is it only the work that you have done and paid for that has increased its value - or is it partly a general rise in value in the area?

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