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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 280
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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My parents & my brother purchased the council house my

Resolved Question:

My parents & my brother purchased the council house my parents occupied.
My father died 9 years ago and days later my brother took my mother to a solicitor to have my fathers name removed from the deeds.
My mother was unaware of what had taken place and until last year thought she owned 2/3 of the property.
My mother is now in a care home and is unable to pay for all her care.
My brother did not reimburse my mother for her share of the property.
My mother would like to know if there is anything she can do to get either the property back or be reimbursed.
I have Lasting POW and am next of kin.
My mother is 91
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

You would have to prove that it was done fraudulently.

Does your mother own any share at all now?

If she Di reclaim the property the local authority would no doubt charge her share to cover the care fees.

Customer: replied 1 year ago.
No, she owns nothing. my mother has no money to pay her care home fees.Is it worth going to a solicitor and would she qualify for legal aid?
Customer: replied 1 year ago.
No, she owns nothing. My mother has no money to pay her care fees.
Is it worth going to a solicitor and would she qualify for legal aid?
Expert:  propertylawyer replied 1 year ago.

Hi there

Legal aid is not widely available. If you ring round /Google you may find a firm which can assist. It will depend on the case and financial circumstances to establish whether you mother is eligible or not. You may also find a local solicitor who may give you and your mother a 30 min/60 min free of charge consultation.

Do you have any documentation to evidence this. You will need to establish what happened.

Law firms hold their files for around 6 years now but the firm that acted on your father's death may still hold the file but you will only be able to obtain the file if your mother was the client.

The law firm may have had a duty towards your mother and may have been negligent. You could discuss this with the legal ombudsman.

I hope this helps. Do you have any further queries. Happy to assist if I can.

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