Probate and Mortgage

[Glitterb]

My Mum sadly passed away aged 60 in April, with no will and it was sudden so no provisions could be made etc

We have obtained probate (only me and an older brother) and have decided between us on what proportion of the house we will receive. House only has a small mortgage left which needs to be paid as well as a few other random debts (total £25k)
I lived with my Mum have have done most of my life therefore it made sense for me to get a mortgage and pay off my brother and the debts, then the full house would essentially be mine. I have a mortgage offer and we are all good to go....however we have been advised that the deeds to the house will need to be put into our names and then transferred to just mine? to do this I will need to get a separate solicitor as it will be seen as 'conflict of interest'
Is this true? Is there another way round this at all?

I have a solicitor to deal with the house move already and the process should be straight forward, we are keen to get this sorted as soon as possible to end what has been a living nightmare!

I can't see any reason why the title can't go directly to you

@user1487194234 this is exactly what we thought as well, there are no disputes etc

I had to do the same thing. I received half the house from the will and then after that was completed had to apply for a mortgage and buy the other person out. I presume so there is an accurate paper trail. Also If the house went straight in your name the mortgage company wouldn't give you a mortgage to pay yourself.

@Brunilde can I ask how you went about it? The solicitor is just talking in riddles and contradicting herself. The deeds are still in my mums name so technically I would be buying the house from her estate

I didn't have to deal with the estate so only started the process once the deeds were half in my name. But just approached a solicitor and bank, explained the situation that I was purchasing the other 50‰. It was pretty straight forward from there

The mortgage has been the most straight forward part believe it or not!

I will try and ring some solicitors on Monday and see if anyone can help, was it a long process to get the deeds in your name?

I don't know about the transfer into joint names then yours (seems logical as you're both administrators of the estate) but I do believe you / your brother would need to be separately advised because your brother needs to recognise he is giving up the house when there are other options available to him (I appreciate he is receiving payment for this but he could potentially remain joint owner etc which may be beneficial to him).