Urgent help needed - tonight please

Fire_Fox

dina141080 wrote: »

Hi There

My brother and i both own my mothers house 50/50. The reason for this being that my mother took ill and just incase she required to go into a care home we transferred the house into our names. Therefore she would not have to sell her home to pay for her care.

My mother is still alive and well, however she is unhappy staying in her home and want to sell her home to come and live with me, however my brother has decided that he will not sell her home as it was "gifted" to him 3 years ago.
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dina141080 wrote: »

i stupily went along with my older brothers wishes.. my mum had been in hospital with very severe mental health problems which ended up in a section to administer ect....i am at my wits end i never expected him to do this to her

How exactly was the house gifted to you and your brother if your mother was severely mentally ill? Power of attorney? If so your brothers actions are the least of your worries.

dina141080

it was all done by my mums lawyer at the time

dina141080

fire fox what do you mean

Pitlanepiglet

Off to bed in a mo so another post.

There are a number of issues raised by what you say.

Firstly was your mother in a fit state to make the transaction and was the lawyer put on notice or should have been put on notice that there was a potential mental health issue.

Secondly, one lawyer should not have acted for the three of you. The lawyer should have declined to act as he/she was conflicted. Your mum should have received independent advice and that advice would have spelt out the risks of signing away her asset.

You need to get good advice quickly. I doubt you'll find anyone to give you any serious advice in a free half hour, you need to find someone you are comfortable with and instruct them to investigate this and see if you have any way of unravelling this, possibly by citing the conduct of the lawyer (if it was one lawyer).

Check your insurance policies (esp household) to see if you/your mum have any legal expenses cover that might kick in at this point.

Good luck, you may have a chance of getting somewhere but it is going to be horrendously destructive to your family and expensive unless you have some form of funding.

Jowo_2

Some solicitors operate on a more 'mediation' basis and do their utmost to negotiate a way forward for family matters and avoid taking legal action unless its a completely last resort. Perhaps this approach might work with your brother?

http://www.lawsociety.org.uk/choosingandusing/howtosolvedisputes/mediation.page

JQ.

Sorry to ask this question, it's just my own curiosity. But why does your mum need the money from the house if she's moving in with you?

Legally I think your in trouble, but if I were you I would be such a pain to my brother. Quite childish, but I'd tell every person I know what he was doing and try to embarrass him as much as possible. As for the house, if he won't let your mum sell it then don't allow him to let it out or make any money from it. Can your mum sub-let the house and retain the income, probably not possible, but worth a try.

new_home_owner_3

Why does your mother need to sell her house if shes coming to live with you?

Are you charging her. surely not. you and your brother are as bad as each other your trying to get your mom to sell her house so she can pay to live with you??

Why dont you and your brother let your moms house out, she doesnt need to buy one has she is cominf to live with you.

It amazes me the greed of some people, if your mom was going to buy another house then your brother would be well out of order, but it looks to me you want her to sell the house and then pay you which is bang out of order.

You wouldnt of minded the state paying for her care if she was going to go in a home, but obviously you want paying to look after her by asking her to sell her house.

greed:mad: shes your mom remember

I dont blame you brother one little bit, he will be entitled to half the house later on in life, however you seem a little more desperate and are pushing your mom to sell now so you can get your mitts on her money.

VfM4meplse

BitterAndTwisted wrote: »

Oh, what a tangled web we weave......! Hoist by your own petard.

You're not in the least bit bitter and twisted?!

Although I don't disagree with BitterandTwisted, when it comes to financial matters, regrettably a wad of cash is thicker than water. I would guess that your brother fears that if he transfers the house back into your mothers name that he will get nothing when the time comes, as living with you will allow plenty of opportunity for you to influence a will revision. I am also guessing there may be a sister-in-law behind his reluctance to transfer back.

dina141080

building a granny flat onto my house to give her independant living with us as she is so lonely and unhappy on her own

Pitlanepiglet

dina141080 wrote: »

building a granny flat onto my house to give her independant living with us as she is so lonely and unhappy on her own

Good on you, we're just doing similar for my Dad, but we're moving into his house and he's moving into the annexe.

Get some advice - as I said above, one lawyer should not have acted for all of you and this might give you some leverage.