Parents spent my inheritance...

pollyannaL

Not sure what forum this should fit into...anyway, here goes...

my elderly relative passed away and i was due to get a sum of money as inheritance (I was aware 0f this arrangement since i was little). I always planned to use this inheritance for a deposit on my 1st house...anyway...when I was due to have the money my dad announced he would like to pay off his mortgage (interest only) with a share of all the children's inheritance money (my siblings too). Initially I hated that idea and said no, however, as i was not living in the country my overpowering sister somehow became 'spokesperson' for me and told my dad that he could have my share for the mortgage.
As i was under 18 years when the will was made, my dad was nominee (?) and the money went in his account. Anyway, my brother said no to this arrangement, keeping his money (he already has a house). My dad never spoke to me about it, never said thanks. It seemed he had planned to do this years in advance, oblivious to me....
As you can tell. I am quite bitter about it. I paid my way through uni when my siblings had their fees paid etc.
I have asked my parents when will I get the money back and they say when the house is sold. i.e as part of their estate. They haven't gone to see a solicitor to put on paper what share of the house should be shared between me and my siblings. I'm worried if they go into a care home due to illlhealth, there goes my bit of my inheritance.

Has anyone got any advice what i should do?
I don't even know if I have any legal rights as the money went straight to my dad anyway?

Thanks

marksoton

Yeah. Stand on your own two feet.

gettingtheresometime

marksoton wrote: »

Yeah. Stand on your own two feet.

Thats a bit harsh if what the OP is saying what happened is true.

As for what the OP can do it depends on how far she's prepared to push it and how far she wants to maintain a relationship with her family afterwards

G_M

More info required

pollyannaL wrote: »

my elderly relative passed away
1) when?
2) who were the Executers of the will?
and i was due to get a sum of money as inheritance (I was aware 0f this arrangement since i was little).
3) 'Due' in what way? The relative had told you before dying? Or it was actually written in the will? What exactly was written in the will?
....when I was due to have the money
4) so this was after Probate was granted?
my dad announced he would like to pay off his mortgage (interest only) with a share of all the children's inheritance money (my siblings too).
5) was you dad a) Executer? b) another Beneficiary? c) just an un-named relative?
6) who did he 'announce' this to? The Executers? The famly informaly?
Initially I hated that idea and said no, however, as i was not living in the country my overpowering sister somehow became 'spokesperson' for me and told my dad that he could have my share for the mortgage.
7) did you not write to your dad formally and say no?
8) did you contact the Executers?
As i was under 18 years when the will was made, my dad was nominee (?) and the money went in his account.
9) your age when the will was made is irrelavant. What matters is your age at the date of death of the relative? How old were you?
.....My dad never spoke to me about it, ........

I have asked my parents when will I get the money back and they say when the house is sold. i.e as part of their estate. They haven't gone to see a solicitor to put on paper what share of the house should be shared between me and my siblings. I'm worried if they go into a care home due to illlhealth, there goes my bit of my inheritance.
10) correct. What you will receive when your dad dies will depend on what is written in his will. If he has no will, the inheritance will follow a set formula, but there will be no distinction between you and your siblings
Has anyone got any advice what i should do?
I don't even know if I have any legal rights as the money went straight to my dad anyway?
11) What do you mean it 'went straight to your dad'? Who gave it to him? Why?
Thanks

Answer all the questions and we might be able to determine whether

a) you were actually entitled to this inheritance and
b) whether your dad acted illegally

sitesafe

I guess the only thing you can do is take legal advice. You say your parents took 'a share' of everyone's money so does that mean there was some left? It does sound like you're taken advantage of. I can imagine you being bitter about the uni fees when the money could have been put away for those - or was it a case as the others got theirs paid because they were older and when they went got their fees paid by a grant for some courses, which used to happen but doesn't any more. I think you have stood on your own feet compared to the other from what you say so I can understand you at least wanting an explanation. Good luck.

SailorSam

gettingtheresometime wrote: »

Thats a bit harsh if what the OP is saying what happened is true.

When i first read it, i thought ...... typical Newie c0ck n bull story made up. But reading it again, i think it's genuine.
If the money has been spent there's probably little chance of getting it back without a fight. What about if you were to tell your Dad about your fear that the house could be lost if he had to go into care, and suggest your name be added as joint owner at the Land Registry. You can say that when there wouldn't be any arguements within the family when it is finally sold and the proceeds split, 'cos it's all down in black & white.

konark

Maybe better in 'Deaths, Funerals and Probate'?

Jenniefour

konark wrote: »

Maybe better in 'Deaths, Funerals and Probate'?

Absolutely agree.

PollyannaL - that section is under Marriage, Relationships and Family. Plenty of people on there who know the in's and out's of wills.

FBaby

So grand'ma told you about a Trust she set up for all three children. Your father (her son?) was the executer. He took the decision to release the money to pay his mortgage...

That certainly doesn't sound very legal at all. Maybe your first step could be to see a copy of the Trust and see if there were any conditions.

getmore4less

as above, establish what you were due with the relevant documents.

If the administrator/trustees of the estate failed to distribute properly then you ask them nicely to do their job properly and if they decline take legal action.

stephonice

Admittedly it was a long time ago and things may have changed now but when my grandmother died all the grandchildren were left a fixed amount of money to be held in trust until their 18th birthday - as each grandchild turned 18, we all got a cheque and the cheque came from the Solicitors. I don't know for certain but can only assume that my grandmother must have made the solicitor a trustee/executor of her estate along with my mum and her siblings - I would definitely take legal advice.