My Mother & Sister maybe trying to sell my property behind my back..

nige_wales

Hi, My Father passed away Nov 2012, I had always been told that in his will he was to leave the family business property to me.

But my mother has made a deal to sell the property and although she did consult me at the beginning, after talking to my sister I have been left in the dark and a deal has been made without my approval.

They have been waiting to get my fathers will from the solicitors which they needed to change the title deeds over to my mother. But when it arrived I looked at it and it states that: ' I give my ________ business known as _____ ______ to my son ______ ________ absolutely.

When I talked to my mother she argued with me and just wants to sell it cheaply for a quick sale. I have no idea how much she is planning to give to me from the sale or anything.

It looks as though they are going to get the property changed over to my mother without talking to me about it because in my fathers will it doesn't say 'property' it only states the 'business'.

Everyone knows (in my family) that the property was being left to me so what should I do about it.

If I knew for certain that everything was going to be shared equally and I had some guarantee of this I would feel a lot better. But to be honest I am being lied to and everything is being done with a wall of silence behind my back, I have quite literally been kept in the dark over this.

I've caught my mother out lying to me now and it must be my sister who has persuaded her to keep me out of it because that's the way she is.

When I tried to talk to my mother I was told that it is legal to put it into her name and if I want to get a solicitor or anything it's up to me.

I'm very confused, any advice would be great..

Thanks..

Gingernutty

Why have you started another thread on the same topic?

nige_wales

Uh, we've had my fathers will back now and I've quoted what it says.

That's what posters here said we needed to know before they could give me advice..

dktreesea

The business and the property could be two separate things, particularly if the business is conducted on the property but isn't the property as such. it might be different if it were a farm, for instance. Why not pay rent on the property to your sister and mother, i.e. for their share of the property?

nige_wales

And I wanted to start a new topic for fresh input. The last topic I wrote ended up with something about 'don't worry so much about the money, be glad you still have your mother' or something like that.

There is a lot more to this than I have included here because I want to keep it short, but it now looks as if both myself and my twin brother were left out of inheriting anything in my parents wills and it was my sister who was the trustee that drew up the wills with my parents.

I was always told that I was to inherit the family business (including the property) now it looks as though this was not true.

I'm just looking for advice on this not about being glad I still have a mother or anything (which I really am I just wish she wouldn't lie to me). You know if they were open and included me in discussion I would probably agree to sell cheap Etc. It's the being kept out of things as important as this that is confusing me.

nige_wales

dktreesea wrote: »

The business and the property could be two separate things, particularly if the business is conducted on the property but isn't the property as such. it might be different if it were a farm, for instance. Why not pay rent on the property to your sister and mother, i.e. for their share of the property?

I left the business Nov 2011. We are now renting it out but my mother was made a low offer from the person renting and for the house next door. She has agreed to sell but needed to get the title put into her name.

This is where the confusion has come in. My father had told me that he had put in his will that I would inherit the whole business including the property. Now it looks as though that was wrong because it wasn't stated clearly in his will, so this means that I wasn't going to inherit anything.... something is wrong somewhere.

Any thoughts?

booksurr

with respect as per your earlier thread clearly your are determined to let an argument over money wreck your family bonds, so be it, your decision

however an internet forum is not the place to be trying to unpick whether you have or have not been disinherited. If #1 is the full text of your father's will then you now need professional paid for legal advice to take the matter to its logical next step, which is to contest the actions of the executor in distributing the estate in a manner you believe to be contrary to the will. There will be loads of minute points around such arguments which you cannot cover adequately on a forum such as this

go get legal advice as to what constituted the business (which you never fully explained in the earlier thread) and therefore whether the property is or is not part of the business which has been left to you but which you stopped being an active manager of when you got ill and therefore are now presumably effectively an investment owner only.

whether your mother is acting in her interest, your sisters or yours needs a lot more background and examination than you can possibly provide on here

go get legal advice and be prepared never to speak to your mother again when the £ signs light up in everyone's eyes and the fighting really begins

Feddy

nige_wales wrote: »

Now it looks as though that was wrong because it wasn't stated clearly in his will, so this means that I wasn't going to inherit anything.... something is wrong somewhere.

Any thoughts?

You should hire a lawyer if you want legal advice, I am not a lawyer (and therefore cannot offer legal advice) but my thoughts are as follows...

It's what's stated in the will that counts not what he might have said. It looks like two of the major interested parties in the will aren't about to help you contest it, so you're stuck with the actual wording.

Does the business own the property or did your father? If not - from the sounds of it, it sounds like a lot of your father's assets are going straight to your mother so be nice to her.

jamesd

Get a solicitor. Ensure that the executor named in the will is acting. Use the solicitor to challenge anything. Tell the Land Registry about possible fraudulent sale and your interest in the property so that they can act to prevent a sale without your agreement.

Your mother doesn't get to decide to sell anything left to you. Not even if she is the executor. If she is executor and does so she'll end up with personal liability for your losses. But best to prevent that from happening by acting urgently now.

Don't rely on the forum. Get urgent legal help on Monday and tell the Land Registry on Monday. Don't wait.

booksurr wrote: »

with respect as per your earlier thread clearly your are determined to let an argument over money wreck your family bonds, so be it, your decision

Those who are making that decision are those who are trying to break the law by ignoring what the will says.

nige_wales

booksurr wrote: »

go get legal advice and be prepared never to speak to your mother again when the £ signs light up in everyone's eyes and the fighting really begins

Or try to explain to my mother and sister that I am aware of what I could do and try and start some honest conversation (hope that they will stop keeping me out of everything)...

nige_wales

Thanks for all the advice and so early hours I really appreciate it and feel better for it. Since I last wrote here I've gone from very confused to very depressed. I lost my twin brother last year and I'm not improving much really.