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Does brother have share of house?

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  • someonesmum_3
    someonesmum_3 Posts: 20 Forumite
    edited 2 June 2013 at 7:10PM
    BobQ - yeah that's what happened basically. I thinks I'll get her to call back and make sure she sees someone who can deal more definitively on this matter.

    As I said, it was an informal agreement and they just paid direct to save my mum time and hassle. I suppose it's possible my gran might have kept any receipts.

    Monty-doggy - thanks will do that.
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    OP, be careful not to post too many specifics as its possible your uncle might be watching!
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Thanks again all. There was no Will and my uncle is dealing/dealt with my g'mothers estate little as there was although he refuses to show my mum or my other uncle anything to do with that. He has said he's already seen a solicitor and they've told him he has a very good case, but personally I think he's just trying scare/bulling tactics like usual.

    If there was no Will and your GF/GM did have a valid claim to a share of the property, he would not only have to prove it but also apply for a Grant of Administration and see any share divided between all siblings including your Mum. He would also have to render a proper account to other beneficiaries and your Mum would have as much right to apply for a Grant as her brother.

    A downside is that when sold your Mum will also be subject to CGT on the increase in value.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • Thanks for that BobQ.. When you say render a proper account to other beneficiaries, do you mean show all paperwork connected to it?
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Thanks for that BobQ.. When you say render a proper account to other beneficiaries, do you mean show all paperwork connected to it?

    Not certain if it applies to all paperwork. If you are recognised by the court as being authorised to wind up an estate you are legally bound by the Grant of Probate/Administration and any interested party can question your actions. You are certainly required to show what assets you identified, what you have done with those assets (an account of some kind), how you valued them and that you have complied with the law in disposing of them.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
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