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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My sister and i are executors of my fathers will and beneficiaries,

Customer Question

My sister and i are executors of my fathers will and beneficiaries, he owned 50% of a property as a" tenant in common "
My step sister who is LPA to her mother the other share holder says
that "The property can only be sold by her mother and herself as her mothers attorney,
as her mother is now the sole legal owner of the property"
She has a solicitors letter to back this up with.
"As a matter of law our client is correct.The sole legal owner of the property after my fathers death and she is the only person who can deal with the sale acting as she wishes through her attorney.
Although you are your fathers executor and have probate of his will ,you do not have the legal power or authority to deal with and sign for the sale of the property .
You do not have the power and ability to sign or instruct an estate agent or to sign to instruct solicitors in relation to the property.
Now i know she owns half of the house and she could sell her half of the house if she so please s, but i finding hard to believe what she has said and she also wants half the value of a car that her mother gave to my father and is in his name
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Do you now wish the property to be sold?
Customer: replied 2 years ago.
im not fussed either way
Customer: replied 2 years ago.
Any body answering this question ?
Expert:  Clare replied 2 years ago.
HiThis is half right.Your step mother could indeed sell the property without your input - but she would have to account to you and your sister for your share ofthe propertyYou can apply to the court force the sale of the property if she is no living there.Your names can only be added to the Title if your step mother agrees OR you apply to the court to be appointed as an additional Trustee.I hope that this is of assistance