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

Customer Question
his eldest son.My mother is...
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: 10 months ago.Category: UK Law
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Customer reply replied 10 months ago
He died intestate no will.
Customer reply replied 10 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
Answered in 16 minutes by:
1/9/2017
Solicitor: Clare, Solicitor replied 10 months ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,471
Experience: family solictor with 25 years experience
Verified

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?

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Customer reply replied 10 months ago
it is really my sister who wants the property. By exerting undue influence.
Solicitor: Clare, Solicitor replied 10 months ago

What happened in 2008?

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Customer reply replied 10 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 reply replied 10 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?
Solicitor: Clare, Solicitor replied 10 months ago

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

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Customer reply replied 10 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.
Solicitor: Clare, Solicitor replied 10 months ago

Right

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

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Customer reply replied 10 months ago
he transferred it to me in 2008
Solicitor: Clare, Solicitor replied 10 months ago

Why?

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Customer reply replied 10 months ago
Probably because I am the oldest son. Not sure of real reason.
Solicitor: Clare, Solicitor replied 10 months ago

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

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Customer reply replied 10 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.
Solicitor: Clare, Solicitor replied 10 months ago

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

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Customer reply replied 10 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.
Solicitor: Clare, Solicitor replied 10 months ago

How much is the property worth?

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Customer reply replied 10 months ago
Probably about two hundred thousand British pounds
Solicitor: Clare, Solicitor replied 10 months ago

What does your legal team say?

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Customer reply replied 10 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.
Solicitor: Clare, Solicitor replied 10 months ago

Have you made any offers of settlement?

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Customer reply replied 10 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.
Solicitor: Clare, Solicitor replied 10 months ago

What does your legal team say?

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Customer reply replied 10 months ago
Fighting it as property was transferred while he was alive so could be considered a gift? They have said nothing about settlement.
Solicitor: Clare, Solicitor replied 10 months ago

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

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Customer reply replied 10 months ago
They will keep fighting .Its the other Side who are being dogmatic.
Solicitor: Clare, Solicitor replied 10 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

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Customer reply replied 10 months ago
Thanks for all YOUR grest advise. Claire
Solicitor: Clare, Solicitor replied 10 months ago

You are welcome I hope all goes well

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Clare
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,471
34,471 Satisfied Customers
Experience: family solictor with 25 years experience

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