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

nige_wales

Hi, da_rule, I think there was a partnership agreement that the account had and she included me as a partner. But we stopped trading in Nov 2011 and have been renting to someone else. They use the same name but don't own the business or anything they are just renting. It is all very confusing...

Poppy9

Have you got a copy of your father's will?

On reading it, am I right that under the new arrangements you will lose £10k, if so is it worth the stress of contesting.

Also your sister seems to be ensuring your mother has some money of her own after the sale of the business, is this so she can pay for care if she needs to?

After your mother dies, any money she still has from the sale of the business you will get a share of?

Also did I pick up that she's ensured your deceased's son gets his father share, this seems fair.

nige_wales

I've just been looking at my mothers will from 2008, it says that the executors and trustees are my father and my sister.

In it my mother says that the business would go to me, it does not mention the property.

The business property i believe is in my fathers name so it must say in his will who he was leaving it to after his death (I've been told it is me)

It states that the property next door to the business as her house, it says 'I GIVE all my house and land known as:' split between myself, my twin brother's son, my older brother and my sister.

Her house that she lives in now it states as: 'I GIVE of my property known as:' split between my older brother and my sister.

For the business it says that: 'I GIVE my business known as:' to me.

What I can't find in her will is anything saying that after her death everything would go to my father. But she has told me that he has something in his will saying that if he died before her the business property would go to her. If that is correct then I may be powerless to do anything.

If it does not say that then I would be entitled to it, although I don't know what I would do if that is the case.

I do believe that my mother is not of fully sound mind especially because she wants to sell these two properties at well below the minimum price just because she likes the person who is renting it. My sister is influencing her decisions and I am very concerned about it.

nige_wales

Hi Poppy9,

I am definitely set to lose out, at the present moment it's mainly because she wants to sell the house next door to the business at I think £20,000 to £30,000 below the price it would sell at at auction. She wants to sell at £40,000 instead of £60,000 and I think it could reach £70,000.

This will mean that I would lose out between £5000 and £7500.

I also want her to have some money and I thought that we would all get an equal share of everything.

Now I have read my mothers will and in it says that my deceased twin's brothers son (my nephew, son of my twin) would have a 25% share of the house next door to the business.

I am happy about splitting everything equally, now she has said that she will be adding me as an equal with my older brother and my sister with her main house. Where I am upset is that I will get nothing from the business even though I worked there for 31 years and I spend from my own savings on renovations.

If the business property sold for it's minimum then I would say it would go for at least £70,000. That would have been mine.

Her main house would maybe fetch £110,000 or £120,000 she wants to add me to this so that would be minimum £37,000 or 40,000 plus £10,000 or maybe £12500 from the house next door to the business. Total I will now get is between: £47,000 to £52500

So I would lose out by between £18500 and £23,000. That is calculated at the business selling for it's minimum, if it sold at the 2 estimates estimates (we have had by separate estate agents come around), they both valued it at £80,000, so I could well lose out as much as £33,000.

nige_wales

I can't sleep with all the worry I have and have been wondering if my mothers judgement in the selling of the properties could be a case to contest her changing her will on the grounds that she what she is planning to do is not in the best interest of the estate?

For example. If after my mother passes away, lets then say that my sister was the trustee and it was for her to sell the house (which I would then have a 3rd share from). So if my sister decided to sell the house to a friend of hers much cheaper than the average selling price of other houses in the area (say £30,000 cheaper), just to save her stress and to get a quick sale. If my sister decided not to put it on the market and advertise it just to save her a lot of effort this would be a bad job by the trustee and not looking out for what's best for the estate.

Well I am certain that my mother is doing this exact same thing. She just wants to sell the properties cheap for a quick sale but has also decided to keep all the money from the sale of the business property even though my father (and the properties were left to him from his father) had specified in his will that I would have the bakery. Now my mother wants to change the will drastically so that I will lose out from it.

Also I've just talked to my older brother and he was unaware that my sister has persuaded my mother not to give us a share. He also thinks this is wrong and although my mother does seem of sound mind, this influencing of her decisions by my sister I don't think is fair. My sister is the trustee and executor of her will but is advising my mother without her brothers best interests.

As my mother has got older she has been getting conned by door to door sales people and getting workmen in who have been ripping her off. I am worried that she would spend a lot of any money she gets on house renovations and holidays for her and my sister.

I hope I can work out what to do. Thanks for all the good advice and any more would be appreciated.

I'm going to try to sleep again now..

Pixie5740

It doesn't really matter what your mother's will, written in 2008, says as she can change it if she wants as long as she is of sound mind.

What is important to fine out is what your father's will said in terms of who his share of the business was left to and the properties.

As your twin passed away after your father died then it's possible your father left him something in his will which should now belong to your twin's estate.

Tigsteroonie

As Pixie has said - forget your mother's will, she can change that. You need to find your father's will to determine whether anything was left to you explicitly or in trust. If not, then your mother can move the goalposts all she wants.

bouicca21

You can get a copy of your father's will from the probate service. If the business was left to your mother then she has every right to sell it and keep the money. Indeed if she did not keep the money she would come under deprivation of assets rulings if she ever had to go into a care home.

Selling at auction is no guarantee of a high price, or of any price at all. It may well be that a private sale, with lower fees, will realise nearly as much, possibly more than auction.

If your mother is of sound mind she can do what she likes with her assets. She has no obligation to leave them to anyone and could leave them to the cats' home if she so chooses. She is entitled to change her will so the terms of the existing one are irrelevant.

So stop stressing about the unknown. Find out what the terms of your father's will were. If you really think your mother is mentally incapable, get a medical opinion.

SnooksNJ

nige_wales wrote: »

Hi Poppy9,

I am definitely set to lose out, at the present moment it's mainly because she wants to sell the house next door to the business at I think £20,000 to £30,000 below the price it would sell at at auction. She wants to sell at £40,000 instead of £60,000 and I think it could reach £70,000.

This will mean that I would lose out between £5000 and £7500.

I would be sadder losing my Mom than £5000.

Running_Horse

You need to read the will and get a solicitor before asking for random comments from people who have no idea what the will actually said.