Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first.
I assume that you have not been living at the property?
Also just to check - your mother's care is funded - she does not have to fund it herself?
How much is the property worth?
Is there any Restriction Registered on the title (even if there is not a copy of the deed)
The Deed of Trust was not Registered in any way.
Do you have evidence as to when the draft was prepared - anything at all?
That's good - you do have a range of date specific evidence.
To deal with your questions
1. Yes that amount is protected from CGT (provided you sell within 3 years of your mother moving out of course)
2.You have clear evidence of the existance of the Deed of Trust which you can use to support your contention that 62% belongs to your mother (and will be available to be used for her care)
I hope that this is of assistance - please ask if you need further details
If you do not sell the house in the next three years there is no CGT saving.
I am sorry about your mother - but if you do not sell until after her death then the CGT exemption will not work.
If you wait until your mother has died then the share passes into her Estate for division between you and your siblings in any event
Then we come round again.
If it is not sold until after she dies then the whole of the equity reverts to you and then the CGT will apply in full.
That could work
You are most welcome