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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1734
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have a property that has been in probate years I would

Customer Question

I have a property that has been in probate for 4 years I would like to stop the sale I am an executor along with my brother. The will was dated 1971 and my mother lived with me for 18 years those were not her wishes the power of attorney in England did not comdl ply with her wishes when she asked him to make me joint tenants he told her that she would need pay capital gains on 17 flats how can i stop the sale I have been wanting to buy my brother portion even but he is so greedy he had not seen my other in over 18 years. EVerything here in the US was in my mothers and my joint name, including all of our banking the agent has charged way to tmuch and never accounted for it, it has been a mess and I need to fix it all. right now the agent and my brother are trying to sell it how can it stop it. please help!
Submitted: 2 years ago.
Category: UK Property Law
Customer: replied 2 years ago.
The POA when My mother passed even after all those years told me he did not know where her will was I had to find it.
Customer: replied 2 years ago.
Everyone had to take huge amounts of time and money to find out if she were domiciled int he US but her solicitor had written her and told her she was they knew it but did nothing about it. Thed lestate agent that the solicitor hired did everything I have letters where they are both convincing her to sell her flats, saying that she is in the US now but I have the letters she wrote telling them that she and I would be moving back. my brother was born in the us he doesnt care.
Customer: replied 2 years ago.
It have pictures of the flat with the carpet falling and all wrinkled a trip and fall possiblility mold on the wall the doors are all cut unevenly the electric box out in the open with water stains all around I have a construction companies estimate to fix it so no one gets hurt but my brother told me to stop using the word liable I was concerned becase the teneant was pregnant I did not want anything to happen her the construction company agreed in writing that is was all not to code.
Customer: replied 2 years ago.
I haved asked for accounting records multipal times and documents from Barlow Robbins they said they have to many to copy and we did not have permission. Duncan phillips occasionally gives a paper but it is far from an accurate accounting of work. At one time on one flat he charged 40 thousand pounds. Each flat before he sold it was "redecorated". They kept the deposit of the tenant that was shocked and I do not know how they did it I did not agree.
Customer: replied 2 years ago.
The probate attorney now has given us an accounting of the monies that was in account, the amount was wrong. My brother a graduate of NYU the house my mother sold in Surrey to support his education before he cut her off is the one that caught it. I also have a letter in the begining where my brother asks me if I am going to take him to California probate court. That is where my mother and I lived. He did not attend the memorial or come see her when she was in the care home or the hospital he did nothing when she had hip replacement surgeries i did everything glady even though i worked full time graveyard, that is why i worked that shift so I could be with her in the day
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid after reading everything you posted above I did not see an actual question regarding the situation. You are a co-executor, if she died in CA, then probate is done in CA. Any real estate outside of CA has to be done through supplemental probate where that property is located. However, I see no question from you above.
Customer: replied 2 years ago.
Everything in the states including a Merell lynch account where she was bring over her money was in our joint names with surviorship. she tried to do this with the flats but David Robbin told her she would pay capital gains on the half she gave to me. He wanted to keep controll of all her assests untill they were all gone, even to the lasst one. Please help me. I have all the documentation . I just dont know english law I am British born in Hindhead, my mother wanted me to live in England with her for the rest of our lives this was expressed over and over and if the flat sells then the dream is gone and my brother gets my moh
Customer: replied 2 years ago.
This is not American law. I am trying to get British UK that is what I signed up for if this is not then I have wasted a huge amount of time and typing. The actual question was how do I stop the sale? In England
Customer: replied 2 years ago.
I was on the UK web site when this popped up so of course I would think that if you are offering to help then you are of British law. If not then I would like a complete refund and I am sorry to have wasted your and my time. IN England it is about to be Monday and I need an answer quick. thank you for your time
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you I will move it to UK law. Be patient and do not respond to me or it will just take longer.