Negative equity property bequesthed in Will

hermanmunster_3

The retirement property's claim is against your mother's estate - not you. It sounds like there is nothing in the estate so they cannot claim anything - they are probably trying it on with wanting work done on the flat, they may well think that there is money elsewhere in the estate and they are hoping to get some of it. You definitely need a little advice from a probate solicitor and a standard letter explaining the case to the creditors.

getmore4less

Was this a year ago ie Jan2011

Have you done anything with the estate other than make enquiries?

I would get some legal advice on how to wash your hands of this if there really is nothing but debt then you don't want any costs coming your way.

IF they want the flat let them take over.


Be carefull that you can't be accused of taking anything that would form part of the estate

Any other family?

[Deleted User]

getmore4less wrote: »

Was this a year ago ie Jan2011

Have you done anything with the estate other than make enquiries?

I would get some legal advice on how to wash your hands of this if there really is nothing but debt then you don't want any costs coming your way.

IF they want the flat let them take over.


Be carefull that you can't be accused of taking anything that would form part of the estate

Any other family?

Yes, Mum passed away in January 2011.

A friend of mine painted the flat (just put a coat of Magnolia emulsion on the walls to freshen it up a bit) but I can't afford to do anything else to it. (I'm a 'senior citizen - I only have my state pension).

The Retirement Homes firm claim to be trying to sell the flat (the 'small print' in the contract states that only they can sell it). I think they're unsuccessful because the service charge is OTT (it's £100/week, whereas similar properties nearby charge only £60/week). In fact, there are currently 8 empty flats in the building waiting to be sold!

I haven't taken anything from the estate ... Mum was incontinent, so her bed & sofa went to the tip. There was a cheap 1970s wall-unit ... but it was falling apart so that went to the tip too. The carpets & curtains are still in situ (although the Retirement Homes people want me to replace them). Washing machine, cooker, & fridge/freezer are still there. Wardrobes are built-in.

I have a brother; but his relationship with Mum broke down years ago and she actually mentioned in her Will that she didn't want him to have anything. (Mum's Will was drawn up long before she became ill ... at the time the mortgage payments were up-to-date, and she believed that the flat would be sold and realise some profit.)

chesky369

sounds like a job for either your local CAB or AGE office. They will either be able to tell you your position or refer you to a solicitor specialising in this area who may be able to give you a free advice session of about half an hour.

getmore4less

I stumbled on this

http://www.hmrc.gov.uk/manuals/insmanual/INS1703.htm

which means the will may no longer be valid.

You have no obligation to do or spend anything they are just trying it on.

[Deleted User]

getmore4less wrote: »

I stumbled on this

http://www.hmrc.gov.uk/manuals/insmanual/INS1703.htm

which means the will may no longer be valid.

You have no obligation to do or spend anything they are just trying it on.

Many thanks for that link!
Actually, I paid for Mum's funeral myself ... approx £4,000 (which came as a bit of a shock: I had no idea that a 'simple but dignified' funeral would be SO expensive ... not that I begrudge spending that on Mum, obviously).

dzug1

You do need to make the situation clear to the retirement homes company - they may as has been said be trying it on, but they may just not have grasped the situation.

They have no comeback on you personally (as long as you haven't wilfully obstructed them) and suing the estate would be a waste of time - it would just increase their losses.

Slightly tongue in cheek - you could ask them to pay for the funeral. It's a priority claim on the estate which outranks theirs......

Millie_Millsters

ZED wrote: »

Many thanks for that link!
Actually, I paid for Mum's funeral myself ... approx £4,000 (which came as a bit of a shock: I had no idea that a 'simple but dignified' funeral would be SO expensive ... not that I begrudge spending that on Mum, obviously).

I lost my Husband 16 months ago and the best advice I was given (by the coroner) was to get a few quotes for his funeral.

I was a really hard thing to do at the time ( I felt a real cheapskate!) but there was a difference of well over £1000 between the top and bottom quotes. The big chain wanted £1000 deposit up front too, whereas the local family firm I went with were happy to send the whole bill direct to his bank for payment.

Too late for you, I know, but hopefully my post will save someone else a few quid.

Mojisola

When a relative was given a diagnosis of terminal cancer, he surprised a few undertakers by going round and asking for quotes for his own funeral! He decided which company he wanted to use and left all the details for his executor. He had an insurance policy which covered the cost of his send-off.

Old_Git

I assume there was no life insurance to pay off the mortgage