Grandparents house sold when daughter is named on the deed…

[Bruntonio]

Hi,

I have an issue I’m hoping someone can help with…

In his will, my grandfather left his half of his house to his daughter (my mother). As far as I know it was Tenants in Common, otherwise it wouldn’t have passed on to my mother when he died.
My mother passed away nearly three years ago and in her will, left her half of the house to myself and my three siblings.

Today, I found out the property was sold in January 2021.
Is it possible for the property to be sold without contacting my mothers next of kin?
Should the deeds have been transferred into my name and my siblings names for her half of the property?
Surely the solicitor would see the named party on the deeds and investigate further?

I hope someone can help me work out whether this is worth pursuing, as I’m just working off what I can find on the internet


Many thanks
Paul

[ostell]

Who sold the property ?

[Bruntonio]

The other person on the deeds died and as a result, the property was sold by the deceased persons sister, with no notice to our side.

[ostell]

Have you contacted the other people to declare your interest?

[des8]

On your mother's passing your and your siblings ownership should have been recoded on Land Registry files, but never the less a conveyancer should have looked for your mother's next of kin.
If they were unable to find next of kin, on sale of the house your mother's share should pass to the crown.

When your mother passed away who dealt with her estate? Did they obtain a grant of probate?

[Bruntonio]

We are contacting the solicitor who acted on the sale.

The grant of probate is still going through, its taken a ridiculous amount of time due to complications with her estate and sale of her own property.

If it turns out the property should not have been sold, which we believe it should not have, is there anything we can do now its actually been sold?

[des8]

Difficult to see how it could have been sold if ownership had been properly registered.

If it has been sold improperly you will need to discover whoever was responsible for the error which allowed the sale to go forward.
You could then possibly (if they have assets or insurance) pursue them for your losses, or even perhaps the recipient of the sale proceeds as they have benefitted (maybe unwittingly) from your loss
I doubt it would be possible to unwind the sale

[Bruntonio]

Thanks for the replies, we’ve contacted the solicitor to find out what’s happened and will go from there.
Hopefully we can sort it.

many thanks for all the help and replies.

cheers