An­gela Brown

Macclesfield Express - - HOMES - NE­GLECTED TRANS­FER

Daniels LLP So­lic­i­tors I used my re­dun­dancy money to buy a share in my par­ents’ house. How­ever my fa­ther didn’t add my name to the deeds so the house was still in his sole name when he died, and my mother has gone into a care home. Can the lo­cal author­ity make her sell the house to pay the fees? I as­sume that your mother in­her­ited the prop­erty ei­ther un­der your fa­ther’s will or be­cause he didn’t leave a will at all? If this is the case then the lo­cal author­ity will deem that the en­tire prop­erty is owned by her and it can be taken into ac­count when they look at the as­sets that she has avail­able to her to fund her care. If you are 60 or over and live in the house the lo­cal author­ity can­not take the prop­erty into ac­count when as­sess­ing your mother’s abil­ity to pay. They also have dis­cre­tion where younger rel­a­tives are con­cerned. How­ever, you paid money to your fa­ther to buy a share in the prop­erty. You will have to pro­duce records of your fi­nan­cial con­tri­bu­tions and any ev­i­dence that shows that your fa­ther re­ceived the money from you and that it was in re­turn for a share in the prop­erty. I would strongly rec­om­mend that you see a solic­i­tor. Res­i­dents living on our pri­vate, un­adopted road are con­stantly plagued by other peo­ple’s cars – for ex­am­ple stu­dents from the nearby halls of res­i­dence or vis­i­tors to the chip shop on the end. No­tices stat­ing that it’s a pri­vate road and that park­ing is for res­i­dents only are com­pletely ig­nored. What can we do? If you could get ev­ery­one to agree you could in­stall locked or elec­tri­cal­ly­op­er­ated gates at the end of the road – or at least be­yond the chip shop. It would have to be a unan­i­mous de­ci­sion how­ever, and pri­vate gates can bring prob­lems of their own. You could call a res­i­dents’ meet­ing, and if the idea re­ceives un­equiv­o­cal sup­port ask a solic­i­tor to at­tend to ex­plain the is­sues in­volved. WE put up a bound­ary fence on ei­ther side of our gar­den 17 years ago. Nei­ther of our neigh­bours has main­tained it from their side, and one of the fences has now fallen into dis­re­pair. The neigh­bour has put a note through the door say­ing it needs re­plac­ing, but I don’t see why we should pay for it if they’re not pre­pared to chip in. It’s pos­si­ble your ti­tle deeds plan will show which fence, if any, you are re­spon­si­ble for by mark­ing it with ar­rows. It’s un­likely that you’re re­spon­si­ble for main­tain­ing both sides. If your ti­tle deeds don’t men­tion fences at all then in all prob­a­bil­ity nei­ther you nor your neigh­bours are re­spon­si­ble for main­tain­ing the fences, and you’re at lib­erty to let them fall down if you wish. If you both want a fence you will have to reach agree­ment over the cost of re­plac­ing it be­tween you.

FEES YOU WON’T PAY

I had a will drawn up by a solic­i­tor, but am in the dark about pro­bate fees. Where and when will I have to pay th­ese, and how much is it likely to cost? I have a small house, a car and a small amount of cash. You will never have to pay them! In or­der to sell your house af­ter your death your ex­ecu­tors will have to make an ap­pli­ca­tion for pro­bate – at the Dis­trict Pro­bate Reg­istry. There is a court fee which costs in the re­gion of £200 cur­rently. It’s slightly cheaper if sub­mit­ted by a solic­i­tor but you would need to pay for so­lic­i­tors’ fees if you need help. It’s likely that the fees will be met from your sav­ings – your es­tate – but as I say, they are payable af­ter your death.

Call SAS Daniels LLP So­lic­i­tors on 0161 475 7676 or 01625 442 100. Visit www.sas­daniels. co.uk. If you have any legal ques­tions, write to Weekly Law and You, MEN Me­dia, Mitchell

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