How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My mother passed away last year aged 92 and left a will

Resolved Question:

My mother passed away last year aged 92 and left a will sharing her house between all 6 children unfortunately the will only had 1 other witness signature so apparently does not stand in law even though it is written in moms hand so at least shows her wishes..our youngest brother had his name on the mortgage to allow mom to purchase the council house all those years ago because she was a widow and he lived at home at the time he has never paid any of the mortgage it was all paid by mom and we have the building society books to prove it...He has now sold the house and kept all of the money saying its his because his name is ***** ***** deeds.. he had said he was keeping half and sharing the other half between the 5 of us but even though i have asked him numerous times he has not given us our share and will give no reason as to why he doesn't even reply to us.. Can you please give me some help as my husband has just been diagnosed with cancer and i know i will be needing my share of what our mom wanted us all to share.. I believe the house sold for about £115,000 - £120,000 Kind regards ***** *****
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months 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.

Did he confirm his offer to share half with you in writing?

Customer: replied 9 months ago.
Each time I sent my brother a message asking for our share of the money I copied his wife in, he never replied to me but she did reply once I have a message on my mobile from his wife saying quote..."but he is following his mom's wishes by sharing her half"
Expert:  Clare replied 9 months ago.

When did your mother die?

Customer: replied 9 months ago.
17th August 2015
Expert:  Clare replied 9 months ago.

What was the original discount she obtained

Customer: replied 9 months ago.
The full council discount at the time, I cant remember how much that was but the purchase price was £7,225 that was 1983
Customer: replied 9 months ago.
the house sold for £123,000 on 23rd March 2016
Expert:  Clare replied 9 months ago.

Was there any mortgage outstanding?

Customer: replied 9 months ago.
no it was paid off by mom in 2006
Customer: replied 9 months ago.
my brother was 19 when he signed for the mortgage with mom, he married at 20 and then brought his own house
Expert:  Clare replied 9 months ago.

I take it no one has applied for Letters of Administration of her estate?

Customer: replied 9 months ago.
My older brother has power of attorney !! Is that the same as administrator ?
Expert:  Clare replied 9 months ago.

No - that ended when your mother died - this would be about trying to deal with her Will/Estate?

Customer: replied 9 months ago.
Would he be executor then....!
Customer: replied 9 months ago.
I think he must be executor because he has had access to all moms finances on our behalf but he seems reluctant to pursue the proceeds of the house sale I think it is because the Deeds had my mom and my younger brother down as Mr & Mrs and it appeared as a married couple but of cause they are mother and son. that is why my younger brother has claimed the house as his
Expert:  Clare replied 9 months ago.

He has no reason for worry.

It is clear that your mother had a clear financial claim on the property and that she understood that she was able to dispose of her share as she wished AND that your brother was aware of it.

On that basis the Estate could make a claim against the proceeds of sale - and the executor shoudl write a clear letter indicating that unless the offer to divide 50% of the equity between the other siblings then a Court Applictaion could follow.

It would not be the easiest of applications - but it could be successful - but only the Administrator of her Estate can deal with it

Please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you Sarah...I will go and see my older brother and let him know what you have told me .. kind regards..
Customer: replied 9 months ago.
Could you please explained what a court application is please Sarah..
Expert:  Clare replied 9 months ago.

He would have to make an application under the Trusts of Land and Appointment of Trustees Act

Customer: replied 9 months ago.
Where does he apply for that ? Can I get in online ?
Expert:  Clare replied 9 months ago.

It would be best if he got some face to face advice from a local solicitor who can review the paperwork.

Alternatively he could ask a Direct Access Barrister to prepare the claim

Customer: replied 9 months ago.
Thank you ..

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice