Life after probate

getmore4less

The "specific" question you need to ask is

should the mortgage/charge be paid by specific beneficiary of the property the debt is secured on or from the residuary.

It might take a while(day or two) for people to read there so can take time.

thorsoak

A question that has not been asked so far which may or not be relevant - are you in England/Wales or Scotland?

Ap_hazard_42

thorsoak wrote: »

A question that has not been asked so far which may or not be relevant - are you in England/Wales or Scotland?

Hi thorsoak ,

We are in England.

Thanks

Ap_hazard_42

getmore4less wrote: »

The "specific" question you need to ask is

should the mortgage/charge be paid by specific beneficiary of the property the debt is secured on or from the residuary.

It might take a while(day or two) for people to read there so can take time.

Someone has replied and told us that the charge will be payable by the beneficery . Which we thought it would be but why aren't the solicitors/ executors answering our questions? We have asked through our solicitor :
" please confirm the balance owed and whether it is proposed that this be paid from residue monies due to my client or if it is to be repaid prior to the property being transferred. Pls confirm amount so she is aware of sufficient monies . "

Why can't they just answer then we can move forwards?

thorsoak

From your posts, it would appear that your mother moved out of the house - why did she do this? As it had been her matrimonial home, there should not be a problem in her remaining living there until after the estate has been settled.

Ap_hazard_42

thorsoak wrote: »

From your posts, it would appear that your mother moved out of the house - why did she do this? As it had been her matrimonial home, there should not be a problem in her remaining living there until after the estate has been settled.

Already said that my mum cannot remain in the home as it is unsafe, the roof has fallen in after years of poor repair. Black mold on walls and no heating. Plaster falling off walls and window panes have holes that any heat would leave house. She has been left no money to maintain the house. Her name is not on deeds or any bank account.

Hope this explains the situation more.

getmore4less

GIven the fool has pointed at the relevent part of the relevents acts.

It seems clear that the will gives her a property that has serious problems and a debt.

Is the net value of that property 1/2 the estate?

Unless someone is prepare to do one or both of the following

a. challenge the will and or the executors.
b. Find the money to pay off the debt and make the place livable and let you mum live there at a rate she can afford.

The best option seems to be sell up take the money and move on to the final part of her life.

Ap_hazard_42

We will find a way to pay the charge. We had an idea we would have to pay it.

How can we get them to answer our questions below?

Which we thought it would be but why aren't the solicitors/ executors answering our questions? We have asked through our solicitor :
" please confirm the balance owed and whether it is proposed that this be paid from residue monies due to my client or if it is to be repaid prior to the property being transferred. Pls confirm amount so she is aware of sufficient monies . "

Why can't they just answer then we can move forwards?

They have a duty to keep us informed there was a case that set presidence . Can't remember names. Our solicitor has called them and my fathers solicitor is avoiding calls and have sent 2 letters.

No reply in over a month.

Mojisola

Ap_hazard_42 wrote: »

We will find a way to pay the charge. We had an idea we would have to pay it.

How can we get them to answer our questions below?

Which we thought it would be but why aren't the solicitors/ executors answering our questions? We have asked through our solicitor :
" please confirm the balance owed and whether it is proposed that this be paid from residue monies due to my client or if it is to be repaid prior to the property being transferred. Pls confirm amount so she is aware of sufficient monies . "

Why can't they just answer then we can move forwards?

They have a duty to keep us informed there was a case that set presidence . Can't remember names. Our solicitor has called them and my fathers solicitor is avoiding calls and have sent 2 letters.

No reply in over a month.

Your solicitor should be answering that question.

If you don't think your current solicitor is doing all he/she can, think about changing to another one.

Ap_hazard_42

We are on our third solicitor. Can't keep changing them.

Can no one answer this question pls?

I am so frustrated with the law. It's a bloody joke. It appears we have no power to move forwards with our own lives...

They all seem poor at their jobs. I have never spent so much time chasing solicitors in my life and having to pay them for it.

Please , someone help us. I don't know what to do anymore!