Solictors retired- finding out who took over
Discussion
gottans said:
No personal matter, my father died intestate and it was dealt with by this solicitor.
My mother is about go into a care home so we are trying the clarify the ownership of her house and care home fees. We have a I think it is called a 'best interests' meeting next week.
Sounds like you may wish to ask the Law Society to obtain any records about your father and all documents.My mother is about go into a care home so we are trying the clarify the ownership of her house and care home fees. We have a I think it is called a 'best interests' meeting next week.
As your father died intestate your mother inherited his estate. Also, if they owned a house jointly, your mother became the sole owner on the death of your father by what is called the right of survivorship.
What information are you seeking? The SRA is unlikely to be able to assist about something from 1995.
What information are you seeking? The SRA is unlikely to be able to assist about something from 1995.
Hi BV,
Unfortunately it is a bit more complicated but the primary intent is the clarify the property ownership and how much is available for care home fees.
When my father died in 1982, the house ownership was effectivrly split 4 ways i.e. mum and 3 kids each had an equal interest, further to this my mum has a further interest in half of each child's share. Primarily to ensure she had control.
The question is how much of the property value can be eaten up by care home fees, is it a quarter of the value or 5/8th?
We are going to see a solicitor to discuss prior to the meeting at the hospital, also we do have the option to invoke EPA as this setup a while back.
Regarding the SRA, the hope is to track down the files they had as confirmation of the above, don't believe this all gets destroyed but passed on?
Thanks
Unfortunately it is a bit more complicated but the primary intent is the clarify the property ownership and how much is available for care home fees.
When my father died in 1982, the house ownership was effectivrly split 4 ways i.e. mum and 3 kids each had an equal interest, further to this my mum has a further interest in half of each child's share. Primarily to ensure she had control.
The question is how much of the property value can be eaten up by care home fees, is it a quarter of the value or 5/8th?
We are going to see a solicitor to discuss prior to the meeting at the hospital, also we do have the option to invoke EPA as this setup a while back.
Regarding the SRA, the hope is to track down the files they had as confirmation of the above, don't believe this all gets destroyed but passed on?
Thanks
gottans said:
Hi BV,
When my father died in 1982, the house ownership was effectivrly split 4 ways i.e. mum and 3 kids each had an equal interest, further to this my mum has a further interest in half of each child's share. Primarily to ensure she had control.
Not if he died intestate. When my father died in 1982, the house ownership was effectivrly split 4 ways i.e. mum and 3 kids each had an equal interest, further to this my mum has a further interest in half of each child's share. Primarily to ensure she had control.
https://www.gov.uk/inherits-someone-dies-without-w...
From what you say there your mother gifted the children shares in the house though?
gottans said:
Hi BV,
Unfortunately it is a bit more complicated but the primary intent is the clarify the property ownership and how much is available for care home fees.
When my father died in 1982, the house ownership was effectivrly split 4 ways i.e. mum and 3 kids each had an equal interest, further to this my mum has a further interest in half of each child's share. Primarily to ensure she had control.
The question is how much of the property value can be eaten up by care home fees, is it a quarter of the value or 5/8th?
We are going to see a solicitor to discuss prior to the meeting at the hospital, also we do have the option to invoke EPA as this setup a while back.
Regarding the SRA, the hope is to track down the files they had as confirmation of the above, don't believe this all gets destroyed but passed on?
Thanks
I cannot say how unlikely it is that any firm will have kept files, unless extremely, important going back to 1982. Storage costs these days, and with a need to hang onto them for only six years, most firms will bin stuff as soon as possible.Unfortunately it is a bit more complicated but the primary intent is the clarify the property ownership and how much is available for care home fees.
When my father died in 1982, the house ownership was effectivrly split 4 ways i.e. mum and 3 kids each had an equal interest, further to this my mum has a further interest in half of each child's share. Primarily to ensure she had control.
The question is how much of the property value can be eaten up by care home fees, is it a quarter of the value or 5/8th?
We are going to see a solicitor to discuss prior to the meeting at the hospital, also we do have the option to invoke EPA as this setup a while back.
Regarding the SRA, the hope is to track down the files they had as confirmation of the above, don't believe this all gets destroyed but passed on?
Thanks
You are also pretty much pre computer at that point, so probably no data kept either.
And GDPR dictates that keeping data - paper, digital or otherwise - is a sin.
Bought my house 7years ago, local in town solicitor, which unknown to me got swallowed up by a large firm, that then went bump, no documents survived. Those in the know had a mad dash and got mixed results but it was long before I knew.
Like you I assumed it was safe and would be kept, bit at all. Only lost the indemnity cover the seller took out, which I had never needed to claim on, but who knows what would have happened if I had needed it.
Daniel
Like you I assumed it was safe and would be kept, bit at all. Only lost the indemnity cover the seller took out, which I had never needed to claim on, but who knows what would have happened if I had needed it.
Daniel
It's clearly not clear at all wrt who owns which part of the property.
You can therefore tell the Council to do one, unless you actually want them to put a charge on the property.
If they insist on looking into this further then let them pay the legal fees.
I'd be tempted to sort out house ownership at a later date and focus on your mother's needs at present.
You can therefore tell the Council to do one, unless you actually want them to put a charge on the property.
If they insist on looking into this further then let them pay the legal fees.
I'd be tempted to sort out house ownership at a later date and focus on your mother's needs at present.
I think it sounds like the house was divided up in a convoluted way for no other reason than the avoidance of care home fees. Given the allegedly complex ownership structure that would seem likely to me.
Given that he died intestate it sound like it would have all passed to your mother at that point . I suspect for the purposes of care home fees they will try and say the transfer is invalid under the rule of deprivation of assets.
Given that he died intestate it sound like it would have all passed to your mother at that point . I suspect for the purposes of care home fees they will try and say the transfer is invalid under the rule of deprivation of assets.
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