House Sale without permission?

Grumpy_chap

theshoefairy said:

My late mother is co owner (or at least I think she is) of a house 

She passed away in 2013, 

Thrugelmir said:

The fact that the OP already has a solicitor on the case suggests there's more to the tale than is being told. Not least that the solicitor has already given advice. That we're not party to.

Not least, it must be hoped that the Solicitor is going to strongly encourage the OP to finally resolve all open matters still unresolved in concluding the mother's estate.  It will only get more difficult with the further passage of time.

Obviously, who actually owns the house in question in this thread is an important part of the equation.

This is all far too complex to be commented on in a forum such as this.

csgohan4

So basically OP didn't sort out probate properly for this half of the house and is now trying to sort it out 8 years on when the other half of the owners are now selling. 

CGT is a possibility as you have not lived in the property assuming the property her half has gone to you

We are making assumptions OPs mother's share has gone to OP and not to partner. 

SDLT_Geek

csgohan4 said:

We are making assumptions OPs mother's share has gone to OP and not to partner. 

OP is making that assumption it seems, though many replies do not make that assumption.  

There could have been a valid earlier Will or a later Will than the invalid one.

csgohan4

SDLT_Geek said:

csgohan4 said:

We are making assumptions OPs mother's share has gone to OP and not to partner. 

OP is making that assumption it seems, though many replies do not make that assumption.  

There could have been a valid earlier Will or a later Will than the invalid one.

Either way it is a probate fail or lack of, from both sides

getmore4less

csgohan4 said:

SDLT_Geek said:

csgohan4 said:

We are making assumptions OPs mother's share has gone to OP and not to partner. 

OP is making that assumption it seems, though many replies do not make that assumption.  

There could have been a valid earlier Will or a later Will than the invalid one.

Either way it is a probate fail or lack of, from both sides

There would not have been the need to obtain a grant to deal with the property as there was a surviving legal owner.
(Probate or letters of admin)

Dealing with the beneficial interest should have been done so everyone new where they stood, with an appropriate second legal owner added to protect any interest if needed.

It is quite possible the sons just don't know the history.

If the OP had died there could have been no one left that knows the history.


Edit:

Forgot to add there was another property so depending how that was owned a grant may have been obtained.

SDLT_Geek

getmore4less said:

csgohan4 said:

SDLT_Geek said:

csgohan4 said:

We are making assumptions OPs mother's share has gone to OP and not to partner. 

OP is making that assumption it seems, though many replies do not make that assumption.  

There could have been a valid earlier Will or a later Will than the invalid one.

Either way it is a probate fail or lack of, from both sides

There would not have been the need to obtain a grant to deal with the property as there was a surviving legal owner.
(Probate or letters of admin)

Dealing with the beneficial interest should have been done so everyone new where they stood, with an appropriate second legal owner added to protect any interest if needed.

It is quite possible the sons just don't know the history.

If the OP had died there could have been no one left that knows the history.

Edit:

Forgot to add there was another property so depending how that was owned a grant may have been obtained.

Well put.