property sale

keira_3

Hi I am desperate for someone with legal knowledge. In 2007 my elderly parents decided on mobility gounds to sell their detached house and buy a bungalow. My sister dealt with the the estate agent but what we did not know is that she put the bungalow in her name. (she uses 3 names) Sadly my parents passed away recently and now she is trying to keep the whole proceeds herself. I have a brother and I know that my parents would want the estate split 3 ways. Any ideas on where we stand. Unfortunately we cannot afford solicitors fees as I am disabled and my brother is on a low wage.
Thank you

Debt_Free_Chick

It's highly unlikely that she was able to do this without your parents knowledge. Possible - but unlikely.

The solicitor who handled the sale/purchase would have to have been involved in any deception and wouldn't have agreed - unless the solicitor was bent and received a backhander.

Currently, she is the legal owner and proving that she shouldn't be is a legal issue for which you will need professional advice. You would need something to show that your parents were mislead/decieved.

Did your parents leave wills? Do they mention the property?

I'm sorry you have this to deal with in addition to coping with the bereavement issues, but ownership of property is very difficult to dispute without some evidence.

Wait for more replies though ....

keira_3

Thanks for your reply. My mother could not read or write so she would no know what she was signing and my father left things like bills etc to my sister as she was their carer. There were no wills left

Debt_Free_Chick

keira wrote: »

Thanks for your reply. My mother could not read or write so she would no know what she was signing and my father left things like bills etc to my sister as she was their carer

But how do we know that this wasn't what your parents wanted?

Perhaps the bungalow was a gift in return for her being their carer?

I can understand your position, but there needs to be some evidence that this is not what your parents wanted.

Did they leave wills?

keira_3

My mother always said the assets should be split to provide not only us but her grandchildren. I think what she has done is out and out fraud

GDB2222

keira wrote: »

My mother always said the assets should be split to provide not only us but her grandchildren. I think what she has done is out and out fraud

What does she say about it?

McKneff

You could go to a solicitor and outline this. Most solicitors give half an hours free consultation these days. If you are determined you will have to use a solicitor

Cissi

Did your sister live with your parents, as their carer? If so, perhaps it was your parents' wish that she should have the house? I'm pretty sure she will owe inheritance tax on it though, as they died within 7 years of effectively signing the money over to her.

In any case you definitely need proper legal advice on this. Maybe try the CAB?

cats!

Without a proper Will this is difficult (although not impossible) to resolve.

Unfortunately this highlights the problem of relatives simply saying "when I'm gone I want you to have this amount or that amount". You say you cannot afford legal advice, but I fail to see how this can be resolved without any legal help. Suggest you and your brother try the CAB first, perhaps the threat of legal action might jolt your sister to make a financial offer.

silvercar

If she bought the bungalow, there should a paper trial of money received by your parents in return for the "sale". If your sister can't provide this, then she needs to show how the property was transferred to her name.

keira_3

Thanks for your advice everybody. We have now made an appointment to see a solicitor and we have family witnesses who are prepared to go to court and state that this is not what my parents would have wanted. She never lived wih them whilst caring.