My mother, sister and brother selling our inheritance properties behind my back....

nige_wales

Hi, I have a problem that I need help with. We have a family business and it has been established since 1932. I worked there for 31 years and because I was the only offspring in the family who had taken an interest, in my parents will they were leaving the business to me. We also have a house next door to the business that they were leaving to my twin brother and their house was going to be left to my older brother and my sister.

But I became ill and couldn't continue running the business so I had to finish work. That was Nov 2011. After that we have been renting the business out and the house next door.

My father passed away in Dec 2012 and my twin brother died in August 2013.

The tenants in the house next door to the business moved out about 3 months ago and we all decided to have estate agents around to value the properties so we could sell up. We then offered the business for sale to the person renting it. We had decided to put the house up for auction.

The estate agent valued the business property at £80,000 and the business itself at between £5,000 to £10,000 The house next door would go to auction and they said it would probably sell for over £50,000 and that we could put a reserve on it at £50,000 with a starting price of £40,000 to attract buyers.

A house nearby had sold at auction a few months ago for £60,000 and we were told that it was in worse condition than ours.

I had asked my mother what would happen with the money if we sold them and I was told that she would split it equal between herself, my sister, my older brother and myself.

My mother offered the business for sale to the person renting it but he thought it was too much.

Everything was going fine then one day out of the blue the person renting the business asked my mother to come down for a chat and he offered her £100,000 for the both properties.

When she told me I was shocked that he had offered such a low price because the minimum I think we should accept would be around £120.000. The house needs a lot of renovation and I think would create a lot of interest for a builder. I think it could sell between £60,000 and £70,000.

Well my mother decided that £100,000 was too low and she declined his offer but since then she kept on saying how sorry she felt for him and things like that and that she wished he had offered her more so she could sell them both with a quick easy sale rather than all the messing about.

Now here is the problem. We were waiting for a slot in the next auctions and I couldn't understand why the estate agents hadn't been in contact with us to put the house next door to the business up for sale. When I asked my mother she told me that they had phoned and were going to get back to her. She seemed suspicious so I tried to quiz her but she kept saying that everything was fine and not for me to worry they would be getting back to her.

As time has gone on and still nothing I have asked he a couple more times and she always wants to change the subject and asks me not to talk about it because I'm giving her a headache, everything is OK the estate agents are going to sort it out soon.

Well today she has been asking me to print out copies of he driving licence and birth certificate because she needs them as proof to get my fathers will because she wants to change her will now and they need these so that she can get the deeds put in her name in order for her to sell the properties.

Now I knew that something is happening and it looked like she was going ahead with the sale of the properties to the person renting the business all behind my back. When I asked about the estate agents she said that yes they are coming round to photograph and everything is OK.

I asked her when and she said this week, I asked her have you given them the keys and she told me that the person renting the business was going to let them in. This I could not understand because why would he have a key.

Now I definitely knew that I was being lied to and demanded to know what is going on.

My mother told me that she was waiting for an improved offer and if he can go up to £110,000 for the two that she will sell to him. Then she told me that she is changing her will and that the new will will put myself, my sister, my older brother and my twin brothers son as inheriting the house next door to the business and that we would all get equal shares of this.

Then she told me that the business would go to her and that she would get all the money from this and would give £1000 to each to all of her grandchildren.

I then asked that if she sold the two properties for £110,000 how much would we get for the house next door and she said £40,000. (that would be £10,000 for me instead of £27,500). I then asked couldn't she give £50,000 which she said that she would think about.

My question is firstly at 80 years old she seems to be not thinking as clearly as she should be and letting these two properties go for way too cheap. can anyone give me some opinions of about this.

Secondly, I was on my fathers will as being left the business. If I hadn't become ill I would still be working there. I spent quite a lot of my own money on the place renovating and now it looks as if I am having nothing from it.

All of this has gone on behind my back and when I have asked my mother what is happening she has lied to me over and over. My older brother hasn't wanted to talk to me and now I know why. I asked him what he thought earlier and he said they all think that the house may not sell for much at auction and he doesn't mind it being sold cheap.

So the house next door to the business will be split between 4 of us but I think we could get form £60,000 to £70,000 at auction (from £15,000 to £17,500 each between 4 of us). So it looks like I will be losing around £5000 and do not know what I can do about it.

The worst part is all the lies and nobody wanting to discuss anything with me. I am in complete shock at this and feel numb. I've lost my father and my twin brother and my family are doing this very important thing but have kept me in the dark (leaving me out of any discussions and lying to me).

Has anyone got any advice? Is there anything I can do? Should I try to get some more estate agents to give their valuation of the house next door to the business and ask their advice. This is not a good situation I find myself in.

I had to finish work because I was suffering from stress. If they didn't want to involve me in any decisions because they thought I would get stressed out I don't know or understand. I'm just in shock right now.

Thanks for reading,

Nige...

xylophone

Your father left a will. Who was the executor? Was probate obtained?

What were the terms of the will?

Annie1960

nige_wales wrote: »

Secondly, I was on my fathers will as being left the business. If I hadn't become ill I would still be working there. I spent quite a lot of my own money on the place renovating and now it looks as if I am having nothing from it.

Hi Nige

Did the business belong to your father? If so, and he left it to you in his will, then it is yours. I don't think your mother can leave it to someone else in her will if it has already been left to you in your father's will.

nige_wales

Hi Annie1960 and xylophone.

I think that the business belonged to my father and is in his name. This is why my mother can't sell it until it gets changed to her name.

I don't know who the executor is. I think my sister is doing everything. I have been left out of everything and no one has talked to me. I don't know about a probate again no one has talked to me but it looks like my sister is doing everything. My brother was on the computer doing something important the other day and it was 'secret'. No one would say what he was doing and I was told that he doesn't want anyone to know. I think it was something to do with the will now.

My mother has told me that in my fathers will it said that if he died first that the business would go to my mother and go into her name. That's why she needs the photocopies of he driving licence and birth certificate to get it changed over.

And she wants to change her will so that her main house will now go to myself my sister and older brother. That house is probably worth around £120,000 so seems like I will be losing out...

Should I check my fathers will? If I make a fuss everyone will call me greedy (which my mother has done already tonight even though is seems more like she is being greedy to me) this is a horrible situation I have to say...

da_rule

Apologies if I missed it, but was the company a limited company or a sole trader/partnership? If so, did your mother have any interest in any of the business?

specialboy

Was there an actual will written by your father leaving you the business or does the will state that its yours when both parents are gone?

specialboy

Get a copy of the will and read it yourself.

nige_wales

Hi, specialboy, I will try and get a copy of my fathers will.

Hi, da_rule. The business was a partership between my father and mother and myself I believe.

The property which is worth the most belonged to my father. It was left to him by his mother.

I think that my mother is probably correct that the both properties after his death would go to her. I will try and get a copy of the will and read it up.

My problem is that she is now changing her will and seems to have been persuaded by my sister to change it to leave me out of anything concerning the business. Even though I worked there for 31 years and spent a lot of my own money on renovation. I am going from all of it to having none of it.

The other day my mother agreed that we would all get an equal share which I was happy with. After talking to my sister, my mother told me earlier that my sister told her that she wasn't expecting anything from the business and that my mother should have all of it and looks to have convinced her not to give me anything.

They have decided between them that I will get a share in the main house when she passes away, so maybe £40,000 plus a share of the house next door to the business = £10,000 so maybe £50,000 total.

The whole of the business is worth at least £70,000 so I'm losing out now.

This has all been worked out behind my back and I've been lied to every time I've asked about it, know I understand why.

Do I have any grounds to contest a change of will due to unreasonable persuasion by my sister?

And would that even be worth it with all the stress and headaches it would cause and the who family calling me greedy or whatever.

I can't win it looks like. Any advice please?

Thanks..

Kynthia

Did your father's will leave the business to you if both of your parents passed away, but everything to your mother if only he passed away? If so then everything belongs to your mother and she is entitled to change her will in anyway she likes. It would definitely be worth getting a copy of the will.


Can you not ask for a family meeting where you can all discuss what is happening? Do you have any reason to believe that your mother is not of sound mind and able to understand her choices as otherwise you won't be easily able to dispute any will she makes, so best to clarify things now.

da_rule

Was there a partnership agreement? If not then the Partnership Act would apply and the partnership would have ceased to exist when your father died. The properties will then, in all likelihood, pass to who ever is named on the title deed

nige_wales

Hi Kynthia, I've just read my mothers will from 2008 and in it she says that absolutely everything from the business would go to me after her.

The other day when the estate agents came around to value the properties I talked to her and she said that we would all have an equal share of any money if we sold them.

Now after talking to my sister, my mother told me today that my sister advised her not to give anyone any money from the business sale only to her 4 children which would be £1000 each.

From my opinion it looks like my sister has talked my mother out of sharing any money from the sale of the business with myself and instead to keep this all for herself. Then to add my to an equal part share of her main house when she passes away. I will lose out and I don't even know if it would be worth me making any fuss about it.

the biggest concern is that she wants to sell on the properties so cheaply, I think that my sister is again talking her into this.

I do believe that she is not of sound mind, she is almost 80 and her decision making seems very easily influenced by anything my sister says to her.

Can I stop her from selling the house next door to the business if I can show she is of influenced thinking by my sister and my sisters family?

I may be stuck on this one...