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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am executor of my mothers will. Her estate is a 50% share

Resolved Question:

HI
I am executor of my mothers will.
Her estate is a 50% share in my house, as tenants in common.
In her will (for which we have been granted probate) its stated that we pay any funeral costs and outstanding debts and the remainder to be shared between my sister and myself.
My mother has an outstanding debt to her care home which I intend to pay Immediately upon sale of my house (its is currently on the market).
The solicitors acting for the care home are saying I have to transfer the house to my sister and I before the sale so they can arrange for a revised mortgage deed (?).
I however have simply opened an executors account to execute the will from.
Surely changing the deeds will then leave me in the position of having to recover funds from my sister to honour the debt and the will?
My question is MUST I transfer the house first (as the solicitors are implying) or is this just so they can get the revised mortgage deed thing?
John Blowes
Submitted: 11 months ago.
Category: Property Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

You are correct - this is about the Care Home Solicitors trying to force your hand to protect their client

Your only requirement is to market your property to realise the asset

Please ask if you need further details

Customer: replied 11 months ago.
Fantastic.
Worth every penny !
Expert:  Clare replied 11 months ago.

You are most welcome - I hope all goes well

Clare and other Property Law Specialists are ready to help you
Customer: replied 11 months ago.
how do I finish to pay???
Expert:  Clare replied 11 months ago.

You have - many thanks

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