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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My Sister has passed away recently. We were both on the

Resolved Question:

My Sister has passed away recently. We were both on the Mortgage,albeit i was paying this since its conception. She has not written a Will. Where do i stand as far as being able to sell the property?
Submitted: 9 months ago.
Category: Law
Expert:  Aston Lawyer replied 9 months ago.

Hi,

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?

Kind Regards

Al

Customer: replied 9 months ago.
Not sure. The house was bequeathed to my Sister,however,due to having a mortgage on the property in both our names the original Solicitor said that names on the deeds would remain the property of the Mortgage company.
Expert:  Aston Lawyer replied 9 months ago.

Hi Andrew,

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.

Kind Regards

Al

Customer: replied 9 months ago.
Okay, My Address is Harrowdene GU26 6QE
Expert:  Aston Lawyer replied 9 months ago.

Hi Andrew,

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 look forward to hearing from you.

Kind Regards

Al

Customer: replied 9 months ago.
Both parents are deceased and i am the next of Kin
Customer: replied 9 months ago.
No Children nor married
Customer: replied 9 months ago.
I do have an older Brother,however ,he has not been in communication for over 16 years,even when my Sister notified him via email in 2011 that my Mother had passed away,no response was forthcoming
Expert:  Aston Lawyer replied 9 months ago.

Hi Andrew,

Thanks for your reply.

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.

Kind Regards

Al

Expert:  Aston Lawyer replied 9 months ago.

Hi,

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.

Thanks

Al

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