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 Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My brother died 30th November 2015 and probate has been

Customer Question

My brother Terry died 30th November 2015 and probate has been granted in October this year. My other brother Peter is executor to his will and he is now telling us that half of his property is his, as our mother who died in 2007 left her half of that proprerty to the brother that just died and on his demise that half would go to him (Peter). I and my sisters were told were not left anything in Mum will. Although the brother that died Terry did give us all £1,000 which he told me was from my mother.
I cannot find a copy of her will as i dont think probate was filed.
Terry's will made in 2002 does not state anything about the half property going to Peter on his demis.
Probate has been granted but the property is not on the market currently.
If that is left to Peter as he states would that not be reflected in Terrys will. As i was led to believe Teddy and Mother made their wills at the same time.
We have only just found this out as no-one had ever mentioned this before. I can send a copy of his will if you need to see it. I just want to know what to do.
There are 4 people listed in my Brothers will. 35% to Peter him, 35% to his youngest sister, and me and my other sister get 15% that is in his will but nothing apertaining to half of the property going to Peter only his motor vehicles, (chattels). I would like to know how he can say that half the property is his and does it overide Teds will.
Patricia
Submitted: 22 days ago.
Category: Law
Expert:  Clare replied 22 days ago.

Thank you for your question

My name is Clare

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

Have you checked who is registered as the current owners of the property

https://www.gov.uk/search-property-information-land-registry

Customer: replied 22 days ago.
No
Customer: replied 22 days ago.
No i do not know, i would think it was my mother and my brother
Customer: replied 22 days ago.
I am off to work now and will, be back about 4 pm,
Expert:  Clare replied 22 days ago.

It is important to find out who is registered as the Owners

have you used the Probate Search process to check on the position with regard to your mother's will?

Customer: replied 22 days ago.
i cannot find my mothers will so i dont think probate was filed. I have just had a copy from the land Registry stating it is in my deceased brothers name Terry Milverton. Does not mention my mother.
Customer: replied 22 days ago.
Are you there i have sent my reply to you. The property at the land Registry states it is in my deceased brothers sole name, if there were any caviates where would they be.
Customer: replied 22 days ago.
Where are you, no-one is answering me.

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
< Last | 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