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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My brother who passed away this year and my name on his

Customer Question

My brother who passed away this year and my name on his mortage free property.
What are my rights to is property. As their is other sibblings that want to take it over.
unfortunately he didnt leave a will.
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 month ago.
One of my brothers has taken up the right to contact a firm of Solicitors to deal with the Will of Probate this was due to fact because my deceased brother assets are frozen until we have completed the Will of probate.
Does this living brother have the right to say that the property should be sold, basically were do I fit in in all this.
I have also been informed that because my brother bought the property with my name on it (basically I'm only guarantor and because i didnt contribute to his mortgage and the up keep of his property I am not entitled to have say on this matter.
Please advise me.
An email response would be more apprioate.
Expert:  Aston Lawyer replied 1 month ago.

Hi, I'm happy to assist.

Would you like to discuss matters online or b way of a phone call?

Kind Regards

Al

Customer: replied 1 month ago.
Online please
Expert:  Aston Lawyer replied 1 month ago.

Ok.

So, I note your name is ***** ***** Deeds. Do you have a copy of the Land Registry title? Do you know if you were holding the property as Joint tenants or tenants in common?

Kind Regards

Al

Customer: replied 1 month ago.
it was joint names when he was still paying the Mortgage and I have not got a copy yet.
Customer: replied 1 month ago.
hello I'm still waiting for you to get back to me.
However, you have advised that i can talk live on the phone to make it easier by paying you an extra £44.00.
Now ive already paid £38 to get answer via online today. Will be sometime today. However I have to go back to work in the next hour. I would be very grateful if you could provide with a reply soon.
Expert:  Aston Lawyer replied 1 month ago.

Ok, thanks.

Firstly, you need to find out whether you were holding the property as Joint tenants or tenants in common. If you were Joint tenants, this means the whole of the property passes to you automatically, and the house will not form part of your late Brother's Estate (ie your siblings can not make a claim against any of the house).

If you held it as Tenants in common, unless you agreed otherwise, you both will own a separate 50% share each in the house, and your Brother's 50% share will form part of his Estate (ie as he did not make a Will, the 505 is to be divided equally between you and your siblings). If so, your siblings, could ask for the property to be sold, to enable them to realise their inheritance.

A local Conveyancing Solicitor will be able to obtain a copy of the Deeds (called Official Copies) from the Land Registry and will then be able to advise you on the above.

Does this assist?

Kind Regards

Al

Expert:  Aston Lawyer replied 1 month ago.

Hi,

Can I assist you any further?

If not, I would be grateful if you could rate my answer.

Kind Regards

Al

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