Advice help please

Discussion in 'General Property Investment Discussion' started by Bond007, Jan 30, 2015.

  1. Bond007

    Bond007 New Member

    My mam passed away 8 years ago, she said I could have the house, in front of my brother, as he has his own house. The deeds are still in my mothers name, can I get them changed into my name. Thanks to everyone that replies. X
     
  2. Veronica

    Veronica Administrator

    Did your mother leave a will stating the house goes to you? If not, your brother may legally be entitled to half a share even if he has his own house.
     
  3. Bond007

    Bond007 New Member

    Thanks for the reply, my mother never left a will
     
  4. Veronica

    Veronica Administrator

    I would suggest that you talk to a solicitor. If your mother left no will your brother is entitled to half of her estate by law so you will have to do everything through legal channels. Maybe he will be willing to sign his half of the estate over to you.
     
    Last edited: Jan 30, 2015
  5. Barny

    Barny Member

    Hello Bond, without a will, the passing on of all assets will be equal and assuming she hasn't got a husband then the next of kin would fall to you and any siblings.

    As you've mentioned in your opening post, the comment regarding the house was mentioned in your brothers presence so best thing to do would be to speak to him about it. If things are amicable and he is still in a comfortable position with his finances and I'm assuming you live in the house at present(?), then hopefully he will be willing to grant your mothers wishes.

    It may be worth having it in mind as to your reasons for wanting to act now though, for example if you were looking to cash in and take out all equity to refinance a new house, your brother may be a little put out, despite knowing your mother said she wanted you to have it.

    Depending on the value of the house and what equity is available, why not make a suggestion to your brother and still give him something from it? For example, if he has worked and had 100k mortgage whereas you're going to get 100k through inheriting the house, why not say to him you'd like him to have 10-25k to put towards his own mortgage? Using this example, you'll still be walking away with a nice chunk of deposit for your next property.
     
  6. totallyproperty

    totallyproperty Administrator Staff Member

    Good advice Barny...

    I'd second that as legally your brother is entitled to half. A discussion with him is the next step without a doubt...

    Good luck and please let us know how it goes...
     
  7. raceryzf

    raceryzf New Member

    if your mother has't left any will then even your brother has the same rights on the house
     
  8. bradwhite

    bradwhite New Member

    Your brother has the right to claim half property as your mother din't left any property will.
     
  9. AdityaRaghav

    AdityaRaghav New Member

    Law always goes with legal proof, since you have no will with you. Property will be equally shared between the two.
     
  10. Jane Britan

    Jane Britan New Member

    You must concern a good lawyer for understanding all the laws.
     
  11. sergerybrin

    sergerybrin Member

    Half of the property is named on you ,because legally between two brothers property will divide equally to both. For more understanding of rules you may contact experience lawyer ..
     
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