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Helen Hill
Helen Hill, Lawyer
Category: Property Law
Satisfied Customers: 372
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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My brother is currently seeking to obtain 50% of the family

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My brother is currently seeking to obtain 50% of the family property which I currently live in after our mother passed away. It has been on the market but no offers. I have put in an offer at market value 6 months ago but his Solicitor will not reply
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: .well my Solicitor informs me to take a submissive role but I must have certain rights? He does not wish me to enter into litigation.
JA: Have you talked to a lawyer about this?
Customer: Yes I am talking to my solicitor but I believe he deals with conveyancing.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: It is not a straightforward issue.

I am sorry to hear you are having difficulty with this. I am a probate practitioner so I will be able to assist.

It will be the executor of the estate that is able to deal with the property and any offers to purchase, including your own. Is the solicitor you refer to acting in the administration of the estate or just acting in the attempted sale of the property?

Your brother, obviously, has a right to receive his share of the inheritance if that is what the Will says but this shouldn't prevent you from purchasing the property from the executor for a full market value to allow you to retain the property and for him to receive his share.

Helen Hill and other Property Law Specialists are ready to help you

Thank you for using this service. If you have any further questions please do come back to me. If you require the advice from a litigation solicitor as discussed you could post another separate question thread regarding any action that might be available to you.