• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Advice Please. Joint Property / Probate / Executor

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Advice Please. Joint Property / Probate / Executor

    Hello

    I’m hoping someone can advise or offer any help.
    there’s so many details but I’ll leave out what I can.

    I joint owned my property with my Mum, who sadly passed away. I have 2 older siblings. They do not have a right to the property but as it is technically our family home they do still have the connection to it.

    Me and mum decided to sell. That is still the plan and it’s on the market now.

    My mother passed away without a will, aside from equity in our house there was not any other assets or money.
    as such I remember being told that there was no need for probate and as the property was in only our names it now is solely to me.

    Me, mum and siblings were always close but things have certainly changed. Although they have always known that I will of course give them their part of mums share. (There isn’t a great deal of equity but some)

    the house sale is hopefully imminent and a few days ago I
    asked for the death certificate and the reply was wanting to know why I need it, that he is the executor of mums estate and if he needs to he’ll send direct.

    There have been instances like this before, for example he wouldn’t give me it before and insisted on sending the certificate to my mortgage company, I didn’t think too much of it at the time but there’s been worse things since nothing really surprises me now.

    I replied that I’ll need it for the solicitors and I’m just getting things in order. He’s now doubled down saying that if it’s anything regarding mums estate and affairs that he and also my other sibling need to be involved as they are joint beneficiaries with me and said again that he is the executor.

    Im so confused by this as i had to inform companies of mums passing. it’s not like he’s dealt with anything in that regard. There’s been no solicitors/ courts etc.

    my question is, how could he be the executor when not appointed by a will.

    As I say I fully intend to give them their share, they know this! They know the plans with the house and everything.
    I just cannot understand.
    I’m hoping this is just yet another bizarre power/control, make things as difficult as possible thing.

    however if there is any legal standing or anything that could affect the sale of the property. I’m hoping someone can advise on that.

    apologies for the long post but thank you for your time reading and any advice would be so appreciated. Thank you

    Tags: None

  • #2
    If you were joint owner with your mother and she died, then the property belongs to you only. However, if the ownership was tenants in common, then your Mother's half interest forms part of her estate to be distributed accordingly. How was it owned? Has someone applied to the Probate Court to administer the estate ? If your are unsure of your position, then perhaps a solicitor could advise you or you could contact the Probate Court and ask for information

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
    Working...
    X