Thank you for the question. I am sincerely ***** ***** hear about your situation.
You are going to want to look at instructing a solicitor to deal with the matter as there are a few issues that will need to legally be determined. Firstly, the Will is not valid, however, if required it could show the court his intention.
You are going to want to obtain a copy of the loan which has been taken, if he has taken this in his sole name the debt would sit with the estate. The issue there is that if he has his name on the property, at very least the creditor can put a security over it meaning they would get the money from the proceeds of a sale. If the loan has been obtained fraudulently this is going to be a difficult matter. The main goal here, assuming your mother still lives in the house, is securing the property.
You are going to have to look at his ownership of the house, whether he was allowed to do this, if the debt is in his sole name or in joint with your mother. I am sorry to say that this money is going to have to be paid, back and as the house is collateral, it is going to cause some issues. You will need to take some instruction to mitigate this as best as possible, however that would be the job of your legal representative, not something this website can do I am afraid.
I just want to say that this is a terrible situation and I am very sorry you and your mother have been put in this situation. I sincerely ***** ***** are able to obtain a satisfactory remedy.
I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.
I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows;
https://www.lawsoc-ni.org/solicitors (N. Ireland)
Hopefully, 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.
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