Post moved - any input would be great

sweir1

https://forums.moneysavingexpert.com/discussion/comment/60172757#Comment_60172757

ValHaller

Original post on linked thread in Housing forum

sweir1 wrote: »

This went to probate. My parents unfortunately both had liver disease (read in to this as you may) hence the debts were the water board (we paid installments), solicitors fees for the probate as there was now will or life insurance, there was a debt linked to the house as my mum had a shop which she never paid the rent for which we paid off, and we had funeral costs.

At the time (four years ago) we just wanted the probate sorted and to look after my sister. In no way did we think this is how she would react otherwise I would have kept every single receipt.

The executors were myself and my grandma (as my sister was under age). The mortgage is solely in my name but she wants the executor now in her name, whereas we wish to buy her out. She is 19 with an apprenticeship and refuses to pay board. The atmosphere is grrreat.

The only trust was for a separate pension my mum had, which when she turned 18 she blew in 3 months.

We just assumed (rightly or wrongly) that she would only be entitled to any equity that my mum or dad put in to the house. It is so messy and horrible.

I suggested posting here, because the issue is more of a question over Estate Administration than a property question.

getmore4less

it will need the full story

madbadrob

Sweir reading in the other thread what you have put do you realise that you have infact to give her the half share she is entitled to. You cannot claim she can only have a third because you and your bf cleared all the debts your mother left. These debts should have come from the estate. Therefore you should take the 8k or so from the estate and then give her the share that the will stated. Just because you have paid the mortgage really means very little if the house was to be split equally. If that is the case then you are going to have to now sell the house take out what you have paid to keep the house until now (mortgage fees, repair costs) and then split the rest 50/50 if that is what the will suggested. Sorry but unfortunately thats the law. As for board etc that is something you would have to take her to a small claims court for and not what you can legally claim against the estate. Surely there was some trusts set up to allow you to provide for your sister?

Rob

getmore4less

DOLPHINS wrote: »

HOW DO I START A NEW THREAD re WILLS ETC

http://forums.moneysavingexpert.com/newthread.php?do=newthread&f=217

DOLPHINS

My parents died, leaving a will and naming my sister as executor.
Following the sale of my parents house she showed no money left after paying off mortgage, personal debts - written on scraps of paper. Bills from everywhere appeared. SHE CLAIMED FOR FUNERAL COSTS EVEN THOUGH I KNOW MY PARENTS HAD THAT COVERED. ON PAPER there was no money left. She told everybody that I would get nothing from the will.... AND I DIDN'T. That was a few years ago.

My parents also left my 2 children £5,000 each in their will. They did not stipulate an age they were to receive their inheritence. My eldest son had his 18th birthday recently. He received a letter from my sister telling him she had spent the money on a car for her daughter. She stated as there was no age stipulated she has decidied to pay him out when he is 21. She also asked him to send his bank details and she would pay him back monthly for the next 3 years. Obviously, my son has not sent his bank details. I think it fair to assume she has also spent my other son's inheritence (he is almost 15).

I have been advised to go to the police to ask if she is guilty of fraud i.e. she has spent money which did not belong to her. Does anybody have any advice? As a mother, it is very difficult to see your children wronged.

pauletruth

yup you need to speak to someone. more likely a lawyer.