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ReadyLaw
ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 2714
Experience:  Bar Professional Training Course
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Hope you're well. Some years ago I found out my brother

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Hi Pearl, hope you're well. Some years ago I found out my brother manipulated my father and mother into believing they couldn't get a mortgage for their flat and they should buy the flat in his name even though they put the money up for the deposit. This is exactly what they did. I am the oldest child (woman of now 60) and was told what they had done after they had done this. I was also told that when my parents passed their estate would still be split 50%/50% between myself and my brother. Some time later my brother told me that I would only received 50% of my parent deposit which was £20k even though they paid the mortgage the whole time. My mother passed away in 2016 but she really didn't understand what my brother had done, she still thought I would get half of any profit on their flat. They bought the flat in 1999 for £90k with a deposit of £20k so need a mortgage for £70k. My father passed away this April and the flat is now worth around £250k. I was close to my mother but have been estranged from my father and brother for many years after they treated my mother and myself very badly. The last straw was when my brother refused re-entry to my Mum to the flat the day she came out of hospital in 2016. Is there anything I can do to get half the profit on the flat? Many thanks for your help in advance
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No. I don't know what I'm entitled or what to do
JA: Where is the flat located?
Customer: Bromley in Kent
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Such as what?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Hi, welcome to JA, I am Readylaw one of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Customer: replied 17 days ago.
Hi. Yes that’s fine. Please do continue to try to find out

Hi thanks for your enquiry and your patience.

This is by far a very unfortunate situation to be in and also a very difficult one. The difficulty with this you see is the delay in acting. It is very difficult if not almost impossible to go behind the deed. In this circumstance the deed would have been transferred to your brother while your parents were alive. It would be difficult therefore to be able to establish that your parents had not intended for the property to have passed to your brother.

Now upon their death, the property would not fall within their estate legally for any of its interest to pass to you. I do not envision if this goes to the court that you would be very successful in establishing a case.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 2714
Experience: Bar Professional Training Course
ReadyLaw and 2 other Family Law Specialists are ready to help you
Customer: replied 17 days ago.
Many thanks for your reply. You're right, it's an awful situation. When I was told what had happened I did think my brother would be honest and loyal to his sister but time has shown him to be a very different person than I thought he was. We are very different people I'm glad to say. Thank you so much anyway for your help. I did think this would be the case although it would have my Mum turning in her grave to know what my brother is doing. Hope you have a lovely day