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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 33008
Experience:  Over 20 years experience
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I owned a house with my mother she passed away three months

Customer Question

I owned a house with my mother she passed away three months go. I have brother and sister think they are in titled a 25 each share in the house. My didn't leave Will.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Are there any other family members? How was the house owned ? As joint tenants or tenants in common?
Customer: replied 1 year ago.
It was a joint mortgage with my mother.
Expert:  Thomas Judge replied 1 year ago.
Yes but it is important to know how the interests were held - either joint tenants or tenants in common. If you do not know then this will be listed on the deeds - it is important because he will set out the consequences of your mother's estate and basically what forms part of it. If as tenants as common and thus her share was 50-50 then with three relatives to inherit each would only have 1/3 of the half share. happy to discuss. please rate positive
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Customer: replied 1 year ago.
I would have to ask bank about a joint tenants. Or tenant in common. All know I'm soul person on the deeds. My mother is still listed. When I asked bank if could take my mother name off deed. They said we were in treated like a couple.
Expert:  Thomas Judge replied 1 year ago.
Yes you may well be but it is very important as can effect how the property is owned.
Customer: replied 1 year ago.
Does my sister and brother have to assist in paying mortgage which they are not.
Expert:  Thomas Judge replied 1 year ago.
Once the question of their interest is resolved then yes - but I would sort out what interest they have first.
Customer: replied 1 year ago.
my mother left fifteen thousand pound.
Expert:  Thomas Judge replied 1 year ago.
Well that will be part of the estate. And after costs that would presumably be divided by 3 - but you need to sort the house out as part of the estate.
Customer: replied 1 year ago.
Would be probate. She did not leave a will.
Expert:  Thomas Judge replied 1 year ago.

Yep - under the intestacy rules