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JGM, Solicitor
Category: Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I live in Glasgow & I am looking to see a lawyer I nursed

Customer Question

Hi I live in Glasgow & I am looking to see a lawyer I nursed my mother with Cancer last year until she passed away whilst I had just had a child it was horrendous..... my mother passed away on 6 april and I had been declared bankrupt the year before a messy divorce where my ex husband left me paying all the bills until it got horrendous and I couldnt cope .... That was up on april 19th so as you can imagine it was the furthest thing in my mind tbh.........& I was unaware what was in her will & it came to surface when my mums neighbour called me to say dont be upset but do you know your mums house is under offer then i started to question my mums lawyer to find out what was happening as nor him or my brother were informing me of anything .........I still to this day have not saw a copy of my mums will but there was a property that her lawyer hadnt changed into her name it was my dads garage & I was told by my mums lawyer that theoretically it was still my dads as it was in his name I said to him how is that possible as you know he died in 2001 then he proceeded to tell me that it was in my brothers name as they have the same name & I said that was not it turns out it got changed into both my brothers name and mine and then my brother decided to sell it ............ im oblivious to anything as noone was telling me for all I knew my son had inherited it........the lawyer got me in and said I was to sign this paperwork for the sale but he did not know if it could go through because it was highlighted that id been bankrupt and he would need to look into it......... then today my brother sent me a text saying I had sold it without permission & I should have told the trustee but I was also waiting on the lawyer advising me what to do but they have done this from under my nose.......its all very very wrong I did not do this I was waiting on the lawyers advice and he told me he would need to write to the trustee then today when I called him he said I shouldve told the trustee before it was sold........... I have still never received any paperwork my brother has been horrible and tbh was really cruel to my mum for 4 years before she passed & is very money orientated........they only made up because she was diagnosed with cancer & didnt have long to live................ I dont know what to do as in my eyes I was waiting on the lawyer telling me what to do instead of that he hs been dealing with my brother not me and if I wasn't allowed to sell the garage why did he let the sale go through & now im being told I sold it without the trustee's permission........... I have emails dating from october last year asking the lawyer why i hadnt received any documentation on anything and that my mother had accounts my brother wasnt telling me what ws in them as he closed them and the lawyer has never done anything about that..........both the lawyer and my brother are very close and I have questioned why the garage was left in a dead mans name as thats not right either ..............Im very stressed I feel as tho im being set up im happy for the trustees to be told of everything but they have sold this without dealing with me or the trustee's and ill advising me that he is helping me draft a letter to the trustee's when really he sold it knowing that I was bankrupt and it came to the surface now because I didnt and still dont know what was in that will for all I know my mother may have left it to her grandchildren..........can someone help me as I feel as though im going to have a nervous breakdown thanks Nicola

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a Scots lawyer and will help you with this but your narrative needs some clarification.
Is this property a garage? Owned by your late father but latterly by you and your brother.
Was the title in the name of you and your brother at the date of sale?
The sale could not have gone through, and the lawyer, should not have sold it if you were bankrupt at the time. The lawyer should have told the trustee. It was not just your responsibility to do so.
Where did the money from the sale go?
Do you know that your mother has a will?
Is there any letters or correspondence that you can let me see?
Customer: replied 2 years ago.


there sorry ive not been well just got this the property is a garage and was owned by my father then he passed away and it was my mothers but I got the name changed on it as I could see the lawyer and my brother were in cohouts and I wanted to make sure my wee baby would be okay if anything happened to me.

The Lawyer never told the trustee and he said the sale went through illegally because I never told the trustee when actually I was waiting on him telling me what I was to do ..........but its sold now and they are holding onto the cheque.............I think they are waiting on me saying give it all to my brother then the trustee's does not need to know as my brother is all about the money ...........i have never been in for a reading of the will or had any correspondence from the layer except a fee note when her house sold ........out with that I have nothing ..........the stress is killing me tbh I cant take much more thanks I appreciate your help

Expert:  JGM replied 2 years ago.
So who's name was the garage in when it was sold: just yours or yours and your brother?
Is your bankruptcy discharged, ie, not are you discharged but is the trustee discharged and the whole bankruptcy over?
I think you should say to the lawyer to issue you with your funds. He clearly managed to settle the transaction and any accounting to the trustee is your responsibility, not his. He should not, from what you say and I appreciate I may not have the whole facts, be holding onto the funds.
Customer: replied 2 years ago.

Hi thanks for getting back to me yes the lawyer has the cheque ready to be mum died on the 6 april 2014 and the bankruptcy was up on the 19 April 2014 but as you can imagine i had more on my mind just after nursing my mother at her house with cancer ready to die and I had just had a little baby

...........the garage was my late fathers who passed in 2001 it was never changed into my mothers name (it was same lawyer who was dealing with it & my brother told him to leave it in my fathers name which is the same as his) then i wanted to protect my baby as my brother was horrible to my mum before she died and was being horrible to me ...............this is what I thought the lawyer should release the funds and its my responsibility .................all I want is to make sure my baby will be okay .........mum and dad died .............. he originally said if the other side bought it things would be straight forward now he has decided to hold onto the funds and do nothing with them until I write to the trustee's ...........i really dont understand why he is getting to involved thanks for your help I appreciaite it

Expert:  JGM replied 2 years ago.
As the title to the garage was in the name of your father and that accordingly it was sold by the estate, there is no issue with the actual property transaction. Had the garage been partly in your sole name then there would have been complicating issues connected with your bankruptcy which would have required the involvement of your trustee.
As that was not the case, however, and the only issue is that of distribution of the funds, you can insist that the lawyer issues your share of the funds to you. It is up to you whether you then report this to the trustee. If the transaction settled after your discharge it is my opinion that you don't need to.
I hope that this helps.