Mortgage problem

lottieholder

I seem to be in a catch 22 situation. My husband died intestate 21 months ago. Our house was in his name. I have "an interest" in it but the bulk of his estate goes to his children. They have already had most of the pension that he assigned to me (why?). They have by law to provide me with a roof over my head and have offered to buy certain properties for me providing that they sell our current house.

The properties they have given as options are 4 in sink estates in a town 25 miles away, and 4 retirement flats in the town in which I currently live. The latter have no garden (I am a keen gardener), no parking (I am not retired and need a car to get to work), and the management costs are onerous as they provide warden care which has to be paid for even if not needed (which I don't).

I think at 60 I am entitled to have a choice as to where I choose to live. I am a local Town Councillor and have an allotment in the town. If I am forced to move to another town I will lose my whole raison d'etre on top of losing the love of my life.

We have already been to court twice, the last time resulted in my step-daughter being fined for not complying with a court order and obstruction.

I really need to know how much I can borrow. We cannot come to a reasonble settlement without this knowledge. The next statement has to be lodged by 02/07/07 so time is short.

The dilemma I'm in is that I have been interviewed for the job I'm doing but will not know the result in time for the statement. Once I know, I will need an appointment with a mortgage broker (oh god etc,etc). Nobody will talk to me until.....

Why will nobody do a "what if". That is all I ask. I'm trying to keep a roof over my head. Is that so hard.

mightymouse

Hi lottieholder

My first question is are you represented by a solicitor for advice and at court.

You say that the children inherit the bulk of the estate but also they are children from a previous marriage so my thoughts turn to when your husband was divorced.

Did his ex wife re marry and were children adopted by that marriage?

How many and how old are the children and are they all to the same father?

You say that the pension was assigned to you but that they have had most of it?

Does the pension carry on after your husband died (guaranteed) or could it be a widows pension that you are referring to?

Get back in control of the whole thing and work from a position of strengh using your rights as a tool.

I would not worry about the court date because you should be better prepared in part by the support from people here and with a solicitor you should resolve most issues and I suggest you ask YOUR solicitor the question that in view of the dispute whether the estate should pay his / her costs.

Who is doing the probate?

Also check the rules re dying intestate link

(try right click and open in new window)

http://www.adviceonline.co.uk/PDFiles/IntestateSuccession5.pdf

Your post will get things moving and is a start to you getting the answers you need...

silvercar

you need to find out if the children have the power to force you out of the house if you cannot agree on suitable alternative accom.

there seems little point in you buying yourself a house if the children are obliged to provide you with a home - keep your money for yourself.

I would set out your minimum requirements for your home eg location, number of bedrooms and size of garden. Also let them know the areas you won't live in.

Spending money on a solicitor now could be the best investment you can make for your future.

mightymouse

if there is no will, the person's estate will be shared out under the 'rules of intestacy'. These rules set out:

• who deals with the estate; and
• who benefits from it.

The person who will deal with the estate is the closest living relative to the dead person, chosen in this order:

1. The husband, wife or registered civil partner of the person who has died (but not their unmarried or unregistered partners).
2. Their children or their children's descendants (for example, grandchildren, if they are over 18).

http://www.direct.gov.uk/en/RightsAndResponsibilities/Death/Preparation/index.htm

Yourself together with a solicitor should be able to resolve all of the issues, who is acting as executor?