Ask a Law Question, Get an Answer ASAP!
Thanks for your enquiry, and am sorry to hear of your loss.
Do you know if you and your Sister held the property as Joint tenants or Tenants in common?
Thanks for your reply.
Although both of your names will be on the Deeds, there is one of two different ways you can hold it and this will in turn decide whether you inherit the whole of the property or not.
If you are prepared to give me your address, I can check this for you at the Land Registry at a cost to me of £3. (I only get paid once a customer leaves positive feedback, so if you are happy to confirm that such feedback will be left for me, I am happy to incur this cost).
I look forward to hearing from you.
I have now obtained a copy of your Title from the Land Registry.
I confirm that you and Maria hold the property as Tenants in common, meaning you both own a separate 50% share each in the house.
Therefore, Maria's half share passes to her next of kin.
Could you confirm if she left any children/was married or if your parents are alive?
I am afraid that legally, Maria's next of kin are all her siblings, who are entitled to an equal share. So, even though there has been no communication with your brother for a long time, ha and you are entitled to a quarter share each of Maria's half share.
If your brother agrees, he is able to disclaim "his quarter share" but this would need to be done by Deed, which a local Wills Solicitor could prepare.
I am sorry this is not the answer you were looking for. You and Maria should really have been advised to make Wills at the time of your purchase to avoid this current issue.
You may wish to speak to a local Solicitor concerning the above.
Can I assist any further?
If not, I would be grateful if you could rate my answer, so I can get credited for my time.