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

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  • booksurr
    booksurr Posts: 3,700 Forumite
    edited 20 July 2014 at 5:23AM
    jamesd wrote: »
    who are trying to break the law by ignoring what the will says.
    does not alter the fact that arguments over money could sour the family until the day all 3 go to their respective graves. Given the other thread suggests the sum at stake could be as insignificant as £5,000, is it worth it destroying the family?

    by all means let a lawyer sort it out but do not start on its mine, no its mine contests because once someone is dead you cannot say sorry and start again.
  • nige_wales
    nige_wales Posts: 38 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    booksurr wrote: »
    does not alter the fact that arguments over money could sour the family until the day all 3 go to their respective graves. Given the other thread suggests the sum at stake could be as insignificant as £5,000, is it worth it destroying the family?

    You are 100% correct, but it's the outright lies which have changed and damaged my opinion of my mother until the day that I die that gets to me....but I know that my sister has put her up to it....
  • nige_wales
    nige_wales Posts: 38 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    booksurr wrote: »
    by all means let a lawyer sort it out but do not start on its mine, no its mine contests because once someone is dead you cannot say sorry and start again.

    Very good advice..
  • nige_wales
    nige_wales Posts: 38 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    jamesd wrote: »
    Get a solicitor. Ensure that the executor named in the will is acting. .

    The Executors listed are my mother and my sister. When the person renting first made the very low offer to my mother she was talking to me about it and we were deciding what is the lowest that we would accept.

    After my mother talked to my sister it became a wall of silence and any time I tried to talk to my mother she did not want to talk about it.

    We've had two estate agents view the business and both said the exact same amount for the property plus extra for the business. For the house we have had 1 estate agent view it and so far the person renting has offered £25,000 less that the very minimum price given by the estate agents.

    As you say the executors may not be acting on my behalf. But my hands do seem to be tied and it is as if they can do as they wish and if |I make a fuss I will be to blame??? Very confusing because I feel so strongly that the person renting is taking advantage of my mothers age (she has told me that she just wants to sell and get it over with, doesn't care about the money)...
  • nige_wales
    nige_wales Posts: 38 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    booksurr wrote: »
    does not alter the fact that arguments over money could sour the family until the day all 3 go to their respective graves. Given the other thread suggests the sum at stake could be as insignificant as £5,000, is it worth it destroying the family?

    by all means let a lawyer sort it out but do not start on its mine, no its mine contests because once someone is dead you cannot say sorry and start again.

    Good advice, but what bothers me is that if both properties went on the open market, they would fetch at least £30,000 more than is being offered.

    If you can think of all the crimes against the elderly where people have conned them out of huge amounts of money, this is where I am. I know that he was just trying his luck and somehow has struck the jackpot. Why my sister has gone along with it I have no idea, as an executor she should have examined the market value Etc...
  • anselld
    anselld Posts: 8,655 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    From the extract of the will I am not sure how you have concluded you were left the property. It sounds like the property was owned by your father, not by the business. ie "the business" and "the property" are now separate assets of the estate to be dealt with in accordance with the will.

    So it is clear you have been left the business. The will must say something separately about the property and you may not even be a beneficiary of the proceeds of property. So what is it you are actually challenging? The selling price or the destiny of the sale proceeds?
  • jamesd
    jamesd Posts: 26,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    nige_wales wrote: »
    As you say the executors may not be acting on my behalf. But my hands do seem to be tied and it is as if they can do as they wish and if |I make a fuss I will be to blame??? Very confusing because I feel so strongly that the person renting is taking advantage of my mothers age (she has told me that she just wants to sell and get it over with, doesn't care about the money)...
    Your hands are not tied. It is illegal not to handle things as written in the will. A solicitor is going to be needed to make sure that things are handled correctly.

    Since the mother and sister are executors but are appearing to disregard what is in the will it may also be appropriate and necessary to get them removed from that role so that the instructions in it can be carried out. The solicitor will advise on this if it appears appropriate.
  • jamesd
    jamesd Posts: 26,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    booksurr wrote: »
    does not alter the fact that arguments over money could sour the family until the day all 3 go to their respective graves. Given the other thread suggests the sum at stake could be as insignificant as £5,000, is it worth it destroying the family?
    It is most unlikely that the property value is no more than £5,000 and it appears from the description that the property is an asset of the business.

    I don't think that it is worth destroying the family but that is a decision that appears to have been made by the mother and sister already. Since they have made that choice it now falls to nige_wales to ensure that his rights and the wishes of his father are properly respected, along with the law.
  • pinkshoes
    pinkshoes Posts: 20,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is it possible to inherit the business without inheriting the building?

    What does the word "absolutely" refer to?

    I think you need a solicitor!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • anselld
    anselld Posts: 8,655 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    pinkshoes wrote: »
    Is it possible to inherit the business without inheriting the building?

    Of course it is. Plenty of businesses operate from rented premises and move from time to time as the business expands/contracts.

    It is *possible* for businesses to own property, but that does not seem to be the case here.
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