I had a thread before and had some excellent advice and questions from @prh47bridge among others.
Probate has been granted, but there is the need to set up a trust, as it seems that the solicitor who did the will, didn't check how the house was shared.
The (new) solicitor has said that the unregistered title deeds, show that my parents are the trustees of the legal estate of the property and held the property as trustees as joint tenants, with the equitable estate being held as tenants in common.
The solicitor has said that if my mum is left as the sole trustee/owner of the legal estate, no transactions can take place without a co-trustee. If mum were to die it would be my sister and I who would become the new trustees/owners.
He has given us a form (Deed of Assent) to fill in, for the property to be registered with my sister and I to be added as trustees, to the land registry.
The form he's given us stops a single person disposing of, or transferring, the property, without being bound by the terms of the trust.
I'm a bit bamboozled by the language, but think I understand. My parents thought that their half would automatically go to me and my sibling(s), but it appears that isn't the case?
The problem may be my sister. She owns her own house, having been given it during her divorce settlement. She has been trying to persuade mum to sell her house and give the money to her, so she can buy a much more expensive property.
I don't own a property. I am disabled (MH and newly quite severe physical disabilities), and live with my husband and daughter, in my husband's HA house. We don't claim any mean tested benefits, but if I needed to, I worry that having a quarter share of a house in trust, would impact this, even though I will not (and hope not to), have any money from this, for quite some time.
Any advice would be welcome - mainly do we sign the Deed of Assent - what are the benefits/risks to doing so.