How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Senior Partner Your Own Question

Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13255
Experience:  30 years experience in business law and related topics such as employment law
18726264
Type Your UK Law Question Here...
Senior Partner is online now
A new question is answered every 9 seconds

My mother jointly owned a property with her partner, My mother

Resolved Question:

My mother jointly owned a property with her partner, My mother died in 2004 her partner having died a few days earlier. The terms of my mothers will were that my sister could reside in the house indefinitely. However if she vacated the premises for any reason, than the house was to be sold and her share of the proceedings were to be divided between her five grandchildren at that time. My two adult children are beneficiaries under the terms of my mothers will. I have had not had any contact with my sister since 2004. We recently learned that the property in question was sold in December 2011 presumably buy my sister who was the executor. Neither I nor my two children have ever been notified in regards XXXXX XXXXX sale. How can I found out what happened to my mothers share of the proceedings and what steps can be taken in the event that a misappropriation of monies has occurred.
Submitted: 1 year ago.
Category: UK Law
Expert:  Senior Partner replied 1 year ago.
Thank you for your question. You can easily check at the land registry if the property was sold. You then need to find you sister and get here to account for the proceeds. I assume she had no right to invest the proceeds in a new property.
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13255
Experience: 30 years experience in business law and related topics such as employment law
Senior Partner and 6 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

As I pointed out in my question we know that the house was sold, and we did get the information from land registry. Land registry only showed who bought the property and does not show the vendor's name. It is possible that the house has been onsold more than once. It is possible that my sister has changed her name which makes tracing her difficult especially as we live in Australia. Your assumption that my sister had no right to invest the proceeds in a new property is correct. The question I asked was what steps can be taken in the event that a misappropriation of monies has occurred I presume solicitors would have been involved in the legalities of any sale.

Expert:  Senior Partner replied 1 year ago.
Thanks for your response . Your remedy is to sue your sister to account for the proceeds.. it is almost certainly the case that lawyers would have acted on the sale but if the property was in her name there is no reason why the solicitors would do anything other than follow her instructions about the proceeds. It is possible if the lawyers knew about the term a of the will they might have some duty but I think it would be difficult to pursue them. - if that was what you are asking. You have to track down your sister and defendant an account . If you have no way of contacting her you may have to start with a private detective . The law is pretty clear the issue is I am afraid a practical one of tracing your sister and the money. It may be possible if the solicitors can be found to get orders of disclosure of where the funds went but it is obviously going to be time consuming and expensive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice