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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10740
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hello - I have a query with regard to my late mothers property.

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Hello - I have a query with regard to my late mother's property. She passed away in Dec and my brother was her carer. He has taken everything particularly hard and could not cope with any of the arrangements so my husband and I did everything. My mum had a bank acc in her name and this was closed, by the bank, when she passed. The used the funds to pay for her funeral. Mum did have a funeral plan but we were wrongly advised that we needed a Probate number - after contacting them again they admitted we did not need a probate number and in April they sent me a cheque. However in the meantime my Brother has accused us of 'stealing HIS money' and has instructed his own solicitor. He refuses to talk to me or see me. He is living in the house, which we are joint executors of. Mum had £60k mortgage on property which I am paying. He is not working and I do not think he intends to look for work, he has MH problems and is a heavy drinker. I would like the property sold so we can all move on. I have no intention of trying to re-build the relationship with him as we have never really got on and he has been very abusive. Any advice pls as to where I stand?
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you please let me know if your Mother's Will included a clause allowing your Brother to remain living in her property?

I also assume that the property is in your Mother's sole name?

Who are the Executors please?

I look forward to hearing from you.

Kind Regards
Customer: replied 3 years ago.
Hello - thank you for yr reply. My brother and I are executors of my mum's will and no, there was no clause allowing him to stay in the property. It was in her sole name. He was living with her as he was her carer before she passed away. He has no other property.
Thank you.

Hi Diane,

Thanks for your reply.

As there is no clause in the Will allowing your brother to remain living there, you are within your rights, as joint beneficiary to ask for the property to be sold.
As there is a Mortgage, it would also make sense for the property to be sold, especially as you are paying it and your brother is having the benefit of the property.

You should therefore inform the Solicitor that you are no longer willing to pay the Mortgage and that you want the property to be sold. Although any Sale Contract can't be exchanged until Probate has been obtained, the property can be marketed now.

I am sure your brother will no doubt contest this decision. However, legally, he has no right to prevent such a Sale, and if the Mortgage is not paid, the Mortgage Lender will normally take repossession proceedings after 2 missed monthly mortgage payments. Your brother will therefore need to grasp the position and the Solicitor will no doubt also confirm the position to him.

I hope this assists you on your way.

Kind Regards
Customer: replied 3 years ago.
Many thanks for your prompt response. He is not allowing me access to the property and it was marketed but is now off the market. I will instruct my solicitor to write to him regarding this - thank you again.

Thanks Di.

If you are happy with my Answer, I would be grateful if you could leave positive feedback.

Good Luck!

Best Wishes
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