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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15750
Experience:  30 years as a practising solicitor.
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I was paying a mortgage on a house my mother in law owned i

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I was paying a mortgage on a house my mother in law owned i have done for over 5 years now, 5 weeks ago we signed the paper work with the agreement on the house getting sold I would receive the money for the house other than the 2 years owed to the mortgage company, however she died on holiday 4 weeks ago. Her eldest son was made executive of her estate, he spoke to a lawyer and explained the circumstances of my house the lawyer said he would draw up paperwork and all siblings had to sign (3 siblings) 2 agreed but my ex husband her youngest wouldn't agree now he is saying I can have a third of what my house sells for. Legally can i do anything as I am only askiing for the money I paid into the house back?
Assistant: Where are you? It matters because laws vary by location.
Customer: I live in scotland.
Assistant: What steps have you taken so far?
Customer: None as legally I wasn't sure I could do anything.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Just some advise on where I stand and what I can do really.

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Customer: replied 7 months ago.
I am able to wait for a response thank you.

Thanks for your question. I am a solicitor in Scotland. I can see what the solicitor was trying to do but really you are owed a debt from your mother in law’s estate and if the eldest brother as executor of the estate agrees that it is a debt then there should be no issue with you being paid from the estate once it is in funds. If there is a problem then you should get your own solicitor to sue the executor and place an inhibition on the estate to halt the sale. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15750
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 7 months ago.
Does it matter that I don't have anything in writing about the agreement on the house? Her eldest son is the executive but the eldest two siblings didn't have a problem with me receiving the money i had put into the house it is the younger sibling that has the issue (my ex husband) can the executive of the estate go above this decision?
Customer: replied 7 months ago.
The lawyer said all there siblings had to sign the paperwork, only two were happy to? I'm not looking to go to court but will if that's the only way I will see what I have paid to the house.