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Clare, Solicitor
Category: Property Law
Satisfied Customers: 35050
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My brother who has learning difficulties has lived with my

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My brother who has learning difficulties has lived with my mother all his life. He is now 56 years old and has a Thai wife (I set this up for him 11 years ago) & a 5 year old son. My mother and brother jointly owned their apartment as they both sold assets after my Father died 16 years ago. They bought the property outright without a mortgage. I would have been entitled to half of my Mothers half of the property but being the one who has cared for my mother and brother all my life, I told Mum when she was amending her will, that my brother could have the lot as he needs it more than me. So she signed over her half of the house to my brother approx 5 years ago. Mummy is 90 and doesn't have a lot of cash.
Mummy was diagnosed with mild Alzeimhers about three years ago. At first I had her cared for at home as best I could, but for the last 3 months she has gone into a fold housing complex because it isn't working out at home any more and it angers my brother having carers come around and having to be there for her.
My problem now is that my brother is gambling away a lot of money. He has a low paying job and has been in it all his life, but until Mummy moved out I did not realise the extent of my brothers gambling. He has now cashed in insurance policies that Mum had encouraged him to take out. One paid out 46k and he is squandering the lot as well as other claim money. That's all fine and completely up to him as it's his money. He gets very angry if I even mention his gambling addiction so I can't talk to him about it as he tells me it's none of my business.
My fear now is that the part share I gave away is going to be gambled as well and I actually believe his wife will leave him because he is very hard work. She works for my own family business and has done ever since she came to N Ireland. I can't talk to her about this either as she won't get involved and won't say a bad word about my brother, although I do know from her friends that she just about tolerates him now.
Meantime Mummys' money is being used up rapidly to pay for her care fees and if it keeps going I'm wondering who will eventually pay her burial costs etc, especially if my brother keeps gambling like he is.
Is there any way I can get back my share in the property? I know if I explain to Mummy, she will agree to overturning things if she can, but I don't know if this is possible? I am Mummys enduring POA since 2012.
I'd prefer a legal rep who specialises in property and particularly N Irish law regarding this matter. I also would like to avoid reading any papers full of legal jargon I don't understand. Just a straight forward and detailed answer will suffice please.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstDoes your mother still have mental capacity?
Customer: replied 2 years ago.
Yes, to a degree she does have mental capacity. Her short term memory can be hazy at times but mostly she understands what's going on around her
Customer: replied 2 years ago.
She's only on one tablet a day for her Alzeimhers but she reads a lot which is much better for keeping the brain cells alive than any medication. With Alzeimhers it's a case of "use them or lose them".
When she transferred the property did she have a lawyer acting for her?
Customer: replied 2 years ago.
I went with her to the appointment in our solicitors office when we made the decision to transfer it but the rest I'm not so sure of except that it was transferred & is all in my brothers name now. I can contact the acting solicitor for further info on Monday when he's back to work if that helps?
Was there any expectation of her living there the rest of her life?
Customer: replied 2 years ago.
Yes actually there was. She always wanted to be with my brother as she worried about him because of his "mood disorder" & learning difficulties. I had hoped she could stay there for the rest of her life but my brother became very angry towards her & was leaving the house with his 4 - 5 year old child at home with my Mummy while he went off to the bookies. I wish I'd foresaw this & knew how heavy he gambled as I'd never have advised Mummy to transfer the deeds
Customer: replied 2 years ago.
I'm wondering why this is taking so long to answer? When I checked on the timing it told me I'd be answered in 8 minutes (which I did feel was unrealistic). It was 5 hours later when contact was made & I still didn't have an answer. A couple of questions were asked of me last night & now 12 hours later there is still nothing. Can someone tell me if this transfer of deeds can be retracted or not please?
My apologies for the delay -
However we are all working lawyers and have the usual other commitments at weekends.
The only basis on which there may be a chance of reversing the Transfer is if it can be successfully argued that the Transfer was dependent on the understanding that your mother would live in the property for the rest of her natural life or until she could not longer be physically cared for at home.
Your starting point is therefore the lawyer who spoke to your mother at the time of the Transfer.
On the face of it you have a reasonable chance of achieving this - but you will need your mother to have sufficient mental capacity to understand what you are trying to do and support it.
Please ask if you need further details
Customer: replied 2 years ago.
Hi Clare,
No problem re' the delay. I can appreciate how busy you are, but it's this website telling me I'll be answered within eight minutes and it was five hours later. It is very mis-leading.
Thank you for your answer and at least now I know it's worth chasing up after all. I'll contact my solicitor in the morning and we'll take it from there.
Happy new year & thanks again :-)
I agree - the relentless advertising done by the site can be very confusing
It is not a sure thing - and you may have to push very hard - but there is a chance
Clare and other Property Law Specialists are ready to help you