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 Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33810
Experience:  family solictor with 25 years experience
13262538
Type Your UK Law Question Here...
Clare is online now
A new question is answered every 9 seconds

My dad passed away in 2012 and left the family home to me

Customer Question

My dad passed away in 2012 and left the family home to me his eldest son.My mother is suing me in High court for the property. WHat are her rights given that she was married to him for over 50 years?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: This is in Northern Ireland
JA: What action has been taken so far? What's your ideal outcome?
Customer: It is due for a hearing next week.Just wondering after the tranfer was done in 2008 while he was alive she did not contest the transfer .
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: UK Law
Customer: replied 2 months ago.
He died intestate no will.
Customer: replied 2 months ago.
It is really a sister THAT is pushing my mother to take this action. She has hired a very crafty solicitor.They have DONE a good job of making it appear real
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What happened in 2008?

Customer: replied 2 months ago.
it is really my sister who wants the property. By exerting undue influence.
Expert:  Clare replied 2 months ago.

What happened in 2008?

Customer: replied 2 months ago.
Ok can do text. The transfers were done in a solicitor office in Northern Ireland when I came home for a visit from the State's. A brother was there assisting him as he was getting alhemziemers.
Customer: replied 2 months ago.
I guess this case is more complicated than it first appears. JUST need to know is my mother still entitled to 50% due to being the spouse?
Expert:  Clare replied 2 months ago.

Could you explain a little more about what happened when - and what provision was made for your mother?

Customer: replied 2 months ago.
She was able to live in the house ad normal. I do not live there only visit once a year. She was aware of this setup when the title transfer took place. She was quite comfortable with the arrangement until my sister moved back a couple of years ago.
Expert:  Clare replied 2 months ago.

Right

So your father owned the property and in 2008 transferred it into your sole name is ***** *****?

Customer: replied 2 months ago.
he transferred it to me in 2008
Expert:  Clare replied 2 months ago.

Why?

Customer: replied 2 months ago.
Probably because I am the oldest son. Not sure of real reason.
Expert:  Clare replied 2 months ago.

Did your mother speak to the Solicitor at the time the Transfer took place?

Customer: replied 2 months ago.
No she did not.She was perfectly happy with this arrangement up until my sister showed back up a couple of years ago. So FOR about five year s she lived under that arrangement.
Expert:  Clare replied 2 months ago.

Whatever was on the deeds half of the house was hers - why did she not see the solicitor?

Customer: replied 2 months ago.
Dont know she is elderly thats what I assumed. So has been denied her 50% .Then the question begs is she still entitled to that 50% and do I owe it to her.
Expert:  Clare replied 2 months ago.

How much is the property worth?

Customer: replied 2 months ago.
Probably about two hundred thousand British pounds
Expert:  Clare replied 2 months ago.

What does your legal team say?

Customer: replied 2 months ago.
It has been in litigation for almost three year's now. My mother had a very serious stroke nine months ago and is in a nursing home.Now the social services says that if the property goes into her name the house will have to be sold to pay for the nursing home.So up until now she did not have to pay.May be my dad was a little more shrewd than we gave him. I really dont want my sister using my mother for her gain.Would this not be coeratition? We would need evidence for this but they have a very skillful solicitor.
Expert:  Clare replied 2 months ago.

Have you made any offers of settlement?

Customer: replied 2 months ago.
No not yet.Should I start thinking about settlement? Does it not look like there will be any other way out? She is still owed her 50% Almost ten years after the transfers have taken place.
Expert:  Clare replied 2 months ago.

What does your legal team say?

Customer: replied 2 months ago.
Fighting it as property was transferred while he was alive so could be considered a gift? They have said nothing about settlement.
Expert:  Clare replied 2 months ago.

Have you asked them (they have the entire case in their view!)

Customer: replied 2 months ago.
They will keep fighting .Its the other Side who are being dogmatic.
Expert:  Clare replied 2 months ago.

Well no - if you have made no offer of settlement then the other side has no option but to fight on.

There is enough of a question mark over what was done to make it challengeable

However since any capital she receives will go on her care a family meeting at which a different outcome is agreed may be the answer

Customer: replied 2 months ago.
Thanks for all YOUR grest advise. Claire
Expert:  Clare replied 2 months ago.

You are welcome I hope all goes well