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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18298
Experience:  I have been practising for 30 years.
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My father died 3 years ago leaving a house to my brother and

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My father died 3 years ago leaving a house to my brother and myself in his will that he wrote himself The will also stated that his girlfriend could live in the house until she went into a nursing home or died if it could be afforded - she is the executor of the will. She paid 25,000 just after he died towards the inheritance tax but has not paid anymore money since. I do not have any contact with her so how do I 1. find out is she dies or goes into a home 2) try to make her pay more of the inheritance tax so that this is not to be taken out of the final sale of the house. My father did stipulate in the will that if it was not possible/affordable for her to stay in the house then it should be divided up at sale in a 40% each to my brother and myself and 20% to her - they have never married and the house is solely in my father's name as he bought it before he lived with her.
JA: What documents or supporting evidence do you have?
Customer: The will was ratified by a solicitor when my father died and i have paper work that shows he owned the house The Tax office told me at the beginning that she had paid some money towards the inheritance tax on the house but they will not give me any further information without a solicitor,s letter I gave up with the original solicitor when she told me to write the letters and she would check them and put them on her headed paper then charged me 1,700 pounds. My father's girlfriend's solicitor sent a rather abrupt letter to say she intending to stay and that I had no legal standing and then refused to reply further
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: The property is in South Woodford London England
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think off other than is it possible to have some sort of legal thing that will insure that I am informed about what is happening with her and the house? Thank you

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what do you mean your fathers will was ratifed after his death?

has she paid you anything (rent) to stay in property?

if possible would you want to force the sale?

F E Smith and other Law Specialists are ready to help you
Customer: replied 6 days ago.
The original solicitor stamped it and signed and entered it as legal and no she has never paid rent and yes I would force the sale if necessary Thank you
Customer: replied 6 days ago.
I have clicked this by mistake please do not call or process fee
Customer: replied 6 days ago.
Can I please have confirmation that you received my request not to call or process fee as I clicked this by accident

I will not call you. In fact, the offer has now expired and I don’t have your telephone number.

There is no way of finding out when anybody dies although you can do a standing search at the Probate Registry to find out if the executors of the deceased have applied for probate. That is only of any use if the deceased person’s estate is big enough to warrant probate (house or shares).

A standing search has to be renewed every six months and depending on her range, it could take a long time.

Unless a bequest is stated to be free of inheritance tax, then the asset which is being requested carries its own inheritance tax so I can’t think why she would pay more.