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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10743
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Advice please, My father passed 3 years ago, and my mum

Customer Question

advice please ,
My father passed 3 years ago , and my mum passed at xmas leaving a house worth 20000 to me and my brother , my brother and his family moved in with mum 5 months before mum passed , when mum passed he remained in the house and said he would do all the legal things himself , i trusted him , he was then out of work 3 months and used his own money to fund himself , probate was eventually applied for and was sorted by end of july , he then asked me if i minded having my name of the deeds and i said ok , but now i have cold feet the paper work is sitting here to be signed , but he has said he will pay me 1000 a month and eventually a small lump sum for my share of inheritance of 10000 , i dont know what to do ,
regards donna
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Donna, thanks for your enquiry. Do you mean your brother has asked you if the Deeds could be put in his sole name? Kind Regards Al

Customer: replied 1 year ago.
thats correct
Expert:  Aston Lawyer replied 1 year ago.

Thanks for your reply. Well, you are wise to be wary about doing this. Although I am sure your brother will have good intentions in paying you back, something outside of his control may prevent this from happening (eg if he loses his job) or if he were to get divorced or die prematurely, the property may pass to his wife. I can't therefore recommend that you agree to his proposal without you having added security. The best thing to happen would be for you to agree to let him have the property, but he pays you your £100K, by way of mortgaging the property for this amount. If this is not possible, you must insist that a private Mortgage document is drawn up which will stipulate you are owed the 100K and how this amount is to be repaid. This Mortgage is then registered against the property Deeds and would prevent him from selling the property without paying you off the outstanding amount, and it is also confirmation that you have a financial interest in the property and would therefore prevent any argument in the future. I hope this assists and sets out the legal position. If I have helped, please could you rate my answer. Kind Regards Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, if I have helped, please don't forget to rate my answer. Thanks Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, can I assist any further? If not, I would be grateful if you could rate my answer. Kind Regards Al