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SolicitorRM
SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 5210
Experience:  Director and Principal Solicitor. UK
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Can you please help it’s concerning my parents estate and

Customer Question

Hi can you please help it’s concerning my parents estate and probate money I’ve been fighting this case with my brother ... we are both executors and beneficiaries to my parents will, and my solicitors bill is over £10,000 pounds and it’s nearly 3 years I’ve been fighting my case ... my brother had his name put on the deeds of my parents property and his trying to calm everything!!
JA: Estate laws vary by state. What state are you in?
Customer: Ipswich Suffolk
JA: What documents or supporting evidence do you have?
Customer: I have part of the will .... stating I have half of everything .. but my brother kept my will file and is saying he don’t have it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I’m not sure
Submitted: 13 days ago.
Category: Property Law
Expert:  Kasare replied 13 days ago.

Good afternoon, my name is ***** ***** I am a solicitor of 15+ years experience with contentious matters. I need to ask you a couple more questions to advise you fully.

Can you tell me if legal proceedings have been issued already or if not, what stage are you at with your solicitor?

Is your brother stating there is another will or something in writing that says differently?

Did you brother put his name on the property deeds before or after your parents passed away?

Also if there is any other information that you may consider useful, please let me know.

Please note, this is not an instant messaging service and I may not be immediately available to respond when you reply, but I will reply as soon as I am able.

Customer: replied 13 days ago.
My brother and I have not come to any agreement we were going to do mediation but I have been unwell and unable to attend, he offered me to pay my solicitors bill and he have everything, then he offered me 30 Thousand which I turned down, my last offer to him was £ 130 Thousand which was just turned down, I have no home of my own I’m in rented accommodation I’ve lost my job in the nhs do to I’ll health and I have no moment in my bank account, my mum and dad wanted me to have my share of the property as they also knew my marriage wasn’t good so I could leave him and buy something of my own .. my brother owns 3 property’s and his a millionaire with no mortgages on any of them, I believe he did put himself on the deeds of the property when when both my parents were still alive by a solicitor who he was friends with?? !! As he made my parents change solicitors!!! My brother has kept my will file from the day I signed for it .. he kept it !! And is now saying he doesn’t have it which is a lie !!
Expert:  Kasare replied 13 days ago.

I am afraid I cannot speak on a call at the moment. If you would prefer to speak to someone I can opt out of this, or we can continue on the chat screen

Expert:  Kasare replied 13 days ago.

Can you please let me know what the property is worth and what evidence your brother has produced in the course of legal communications?

Also, do you know how, why and when he was put on the deeds of the property? i.e. was the property in all 3 names jointly?

Expert:  Kasare replied 13 days ago.

I do have to go offline now as I have a meeting, but I will be back on in an hour or so if you wish to provide as much information as you can (do not include personal details) I will reply when I come back. Thank you.

Customer: replied 13 days ago.
Ok I would rather speak over the phone on this matter
Expert:  TetyanaP-admin replied 12 days ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
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Tetyana-moderator
Expert:  AlinaK-admin replied 7 days ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Alina-Moderator
Expert:  SolicitorRM replied 6 days ago.

Hi thank you for your patience, I am a solicitor in England and Wales and I am very sorry to hear of your situation. It is puzzling why your brother is not disclosing the Will because if you are just the two of you and if you are able to chanllenge the transfer to him of the property then under intestate rules you would inherit 50/50 in any event. Probate can really end up very costly and because he has money he is going to continue fighting in the hope you give up. The difficulty you have is with proving that the transfer was not legitimate. If it was done not long before your parents passed on then that can be suspect but if it was a lot earlier you will really struggle and regrettably evidence is key in any litigation matter. If you cannot prove the transfer was not forced or a fraud then you would at most be looking at getting half of 2/3 if all three names where on the title or 1/4 of the value of the property if he had 50% equity. If he went all the way to have 100% share transferred to him regrettably he could be unreasonable and refuse to give anything.

Any clarification do not hesitate to send your follow up message. All the best.