Help with estate

SevenOfNine

Mojisola wrote: »

If there are bills to be paid and no money in the estate, don't do anything.

Don't miss the advice Mojisola has given above, it is extremely valid particularly as Mum's partner has done as many do in these circumstances, quickly started to look after number one in spite of what your Mum may have wanted, you need to understand what, if ANY, financial obligations fall to you.

For example, who arranged & instructed the funeral director? Was that you or the partner?

Unfortunately Mum perhaps naively didn't fully appreciate what the result would be when she transferred the funds she meant for you & your brother into a joint account with her partner. Pointless crying over that particular spilt milk now, even if it were possible to challenge that, which I doubt, it would likely be protracted & expensive.

Sorry at a sad time things have turned greedy & unpleasant, sadly increasing behaviour when things aren't kept legally watertight.

missbiggles1

G6JNS wrote: »

If there is no other money in the estate then the house will have to be sold and the bills paid from the proceeds before the estate is distributed. That may make your mum's ex partner cough up at least as much as he needs to do to prevent the house sale.

Unless I've missed something, he isn't an ex partner. If the house has been left in trust for his lifetime, I'm not sure that he can be made to sell his home and nor should he be.

Assuming he wasn't the OP's mum's toyboy, like the mum he'll be old and the OP will have to wait.

Mojisola

missbiggles1 wrote: »

Unless I've missed something, he isn't an ex partner. If the house has been left in trust for his lifetime, I'm not sure that he can be made to sell his home and nor should he be.

If the estate is insolvent, that over-rides the will and any assets will have to be sold to pay the bills.

I don't think the partner has been as clever as he thinks he has.

missbiggles1

Mojisola wrote: »

If the estate is insolvent, that over-rides the will and any assets will have to be sold to pay the bills.

I don't think the partner has been as clever as he thinks he has.

Thanks, I didn't know that.

paset2glen

You can always infer to legal action as well. You may feel aggrieved and reluctant to speak to your late mother's partner, however, I would mention to the gentleman that you would like to negotiate.

State the the estate is insolvent and he will have to sell the property if the bills cannot be met. Also, state that you have sought legal advice, and due to the proximity of the transfer of funds from her death, you are going to pursue him legally (for the due amount and all legal fees) and you are considering reporting him for fraudulent behaviour (coercion) if he does not compromise.

With the threat of being forced to sell assets, legal action and criminal prosecution, he may be pressured into negotiating and you could receive part, or all of the due amount.

DandelionPatrol

paset2glen wrote: »

You can always infer to legal action as well. You may feel aggrieved and reluctant to speak to your late mother's partner, however, I would mention to the gentleman that you would like to negotiate.

State the the estate is insolvent and he will have to sell the property if the bills cannot be met. Also, state that you have sought legal advice, and due to the proximity of the transfer of funds from her death, you are going to pursue him legally (for the due amount and all legal fees) and you are considering reporting him for fraudulent behaviour (coercion) if he does not compromise.

With the threat of being forced to sell assets, legal action and criminal prosecution, he may be pressured into negotiating and you could receive part, or all of the due amount.

Requires spheres of iron to see this through ....

Yorkshireman99

The ex partner does not own the property. It belongs to the estate and the executors can sell it once they have got probate. It is not going to be an easy or pleasant job. The executors would be well advised to get some paid for advice in view of the difficult situation.

Mistaken

SevenOfNine wrote: »

Don't miss the advice Mojisola has given above, it is extremely valid particularly as Mum's partner has done as many do in these circumstances, quickly started to look after number one in spite of what your Mum may have wanted, you need to understand what, if ANY, financial obligations fall to you.

For example, who arranged & instructed the funeral director? Was that you or the partner?

Unfortunately Mum perhaps naively didn't fully appreciate what the result would be when she transferred the funds she meant for you & your brother into a joint account with her partner. Pointless crying over that particular spilt milk now, even if it were possible to challenge that, which I doubt, it would likely be protracted & expensive.

Sorry at a sad time things have turned greedy & unpleasant, sadly increasing behaviour when things aren't kept legally watertight.

Thank you, a very nice post

Mistaken

Yorkshireman99 wrote: »

The ex partner does not own the property. It belongs to the estate and the executors can sell it once they have got probate. It is not going to be an easy or pleasant job. The executors would be well advised to get some paid for advice in view of the difficult situation.

I would really like this to be true. I know written into the will says he can live there until he dies and then it is to be sold and the money distributed between several people.


He has already taken the death certificate to the banks and moved money from joint accounts and also tried to close accounts in mums sole name. He said the banks would only let him stop direct debits though.


He has arranged the funeral with the funeral director although done very cheaply.


I will get a solicitor to deal with probate and the house. I thought the house would legally have to be placed in some form of trust ?


He will not tell us which solicitor has the original will (he has a copy) but we will find out soon


And when we try to discuss the will he just says he is not well enough to talk about it

missbiggles1

Yorkshireman99 wrote: »

The ex partner does not own the property. It belongs to the estate and the executors can sell it once they have got probate. It is not going to be an easy or pleasant job. The executors would be well advised to get some paid for advice in view of the difficult situation.

He isn't an "ex" partner, he's the elderly grieving widower and to suggest the OP tries to throw him out is nothing but callous and not what the mother would have wanted. If he has lifetime occupancy in the property he has rights, even if they can, in certain circumstances, be overridden.