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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother lives near my brother and his wife in other part

Customer Question

My mother lives near my brother and his wife in other part of the country. She is elderly and becoming frail and is worried she may have to go into a care home. My brother and his wife wish to move and for her to sell her house and live with them, using her proceeds to help them buy a bigger property. As my mother has specified in her will that my brother and I should each inherit half of her estate , how do i stand legally if and when her house is sold?
I am in desperate need of money and could become homeless soon.
If my mother does give the money from her house sale to my brother do I have a claim on it? I am worried that if my mother hands it over to my brother to buy a larger property I will not be able to receive it when my mother passes away.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

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

This is a matter which your mother needs to consider carefully.

If she does still wish you to have some claim up on her funds then there needs to be a Declaration of Trust drawn up confirming that she has an interest in your brother's property and delaing with what will happen when she dies.

Sadly you cannot forcer this

Please ask if you need further details

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thanks . What would happen if my mother wanted me to receive my half of her house sale proceeds now rather than waiting until she passes away? Would she be able to specify this?
Customer: replied 1 year ago.
Hi Clare. Thanks. What would happen if my mother wanted me to receive my half of her house sale proceeds now rather than waiting until she passes away? Would she be able to specify this?
Expert:  Clare replied 1 year ago.

Obviously she can divide the proceeds of sale however she wishes