Solicitor's letter 7 months after Probate / Estate closed and finalised

childofbaahl

An update of sorts for anyone who is interested = I've had a meeting with solicitor advocate who agrees the house is separate from the estate and my sister has no claim that he can fathom. The money she received from the house was a gift and entirely up to our father to decide how much. We have prepared and this week sent a point by point answer to all of her questions along with newly adjusted estate accounts and informed her in that letter that a sum is available to her regarding the adjusted accounts, detailing the maths involved.


It's a waiting game now to see what / how she replies. We mentioned her DRO in the letter too as it played a part in one of the answers so this also now makes her solicitor aware in case she decides to escalate the matter.

getmore4less

Tom99 wrote: »

[FONT=Verdana, sans-serif]Would it be advisable for the father to sign a deed of variation in respect of the 50% of the house he inherited, just in case his estate is liable to IT?[/FONT]
[FONT=Verdana, sans-serif]Or is that not possible?[/FONT]

It can be done.

what happens is the joint tenancy is retrospectively severed and the asset falls into the estate or as directed by the DOV.

getmore4less

If the father did DOV the mothers share back into the estate to be shared that would be 25% each.

What the father does with his half is his business.

If the sister was under the OR ot may ne that they should have been notified prior to distribution.

Tom99

getmore4less wrote: »

If the father did DOV the mothers share back into the estate to be shared that would be 25% each.

What the father does with his half is his business.

If the sister was under the OR ot may ne that they should have been notified prior to distribution.

[FONT=Verdana, sans-serif]No, the father's DOV would redirect his inherited 50% share however he wished e.g. entirely to the OP. It does not go back into the general estate pot.[/FONT]

Shelldean

childofbaahl wrote: »

Shelldean = I understand what you mean now and can agree that this is a view that can be taken but the split decision was my sisters idea and it was my father's to gift me some of his share. What right does my sister have to come after me now? The house was my father's to do with as he pleased. I understand that she might not see it as fair, but that doesn't give her a right to come after me does it?

Childofbaahl

I was just explaining, how I interpreted "a fair share" "an equal share"


I would hazard a guess that she feels hard done by now, given that you got a larger share. Perhaps he's spent hers and wants some more??? No idea why shes changed her mind. But change her mind she has, hence the solicitors letter.
She has very right to ask you and to get a solicitor to write to you asking the same thing. She even has the right to take you to Court, should she so wish.
But it's whether she has a chance to win if she chooses that route. ............. that I can't answer, I'm not a solicitor!!

getmore4less

Tom99 wrote: »

[FONT=Verdana, sans-serif]No, the father's DOV would redirect his inherited 50% share however he wished e.g. entirely to the OP. It does not go back into the general estate pot.[/FONT]

of course the father can do what he wants.

I thought it was fairly obvious the point I was making perhaps not...

I said "If the father did DOV the mothers share back into the estate to be shared"

Say in the interest of a sense of fairness many seem to think has not happened

those shares would be 25%.

The sis has already had more than that...

As for the father share he is still alive .


There is the possibility mother was fully aware of the joint tenancy