Silbling estate dispute (scotland)

Mrgee

Hi all hope this is allowed i had an original post a good while back but not being so good with tech i lost access to see replys etc which were all very helpful and very much appreciated

This is still rumbling on and i need advice if possible so i will copy original post on here and add the update at bottom for hopefully some advice and views if possible

Original post

Hi this is my first post i am new so hope its in right place...so here goes

i lived with my father who in 2010 became ill and house bound and gradually declined then suddenly passed in 2012..so my brother and sister said i should continue to live in my dads house as i had been his carer etc and thats what he would have wanted

but i thought the house needed too much work as i myself am not in the best of health and also couldnt afford to have the house brought up to scratch (which it needed)..

so in the nearly 2 yrs that followed i continued to pay the mortgage (to keep it up to date) and have some of the urgent repairs done ie roof,gutters,plumbing..

so by this time the house was becoming too much for me so me my brother and sister decided to contact a solicitors and get advice on what to do with the house & wind up my fathers estate which was all fine & i was appointed executor purely because my brother worked long hours & my sister lived 50 miles away...

so in those few years i paid any funeral expenses payed the mortgage,paid for all repairs etc on the house & cleared it out ready for sale(no easy task as my father was a collector/semi hoarder) which took weeks..

so eventually the house was sold & estate settled between me my brother and sister..some months later i received a letter from a solicitor stating that i have a half sister & i had delibertly left her out when winding up the estate.

.now this a part of my dads life i dont know too much about as he remarried to someone from england when me and my siblings were very young and we never seen much of him at that time (maybe once a month)and as he was very complex & secretive about this part of his life me my brother and sister believed what he had told us that the so called half sister was his wifes daughter..i knew she existed but always beleved she was the ex wifes daughter(i can only go with what i grew up being told)..,

so now shes taking me to court & my brother and sister are refusing to give back there share under any circumstances..i would struggle to pay back my share let alone my brothers & sisters so was hoping for some advice as im at end of my tether with worry im disabled on benefits and could never afford that if ruled against me
Heres the update where i am now

So she went to court and as predicted won her case against me & is now pushing for bankruptcy even tho i offerd my share back(which i would be borrowing) and asked for the expenses i incurred through mortgage funeral ,home repairs etc to be taken into account but was told no and bankruptcy was only option as they would get the full amount from the bond of citation (i think its called) if i go bankrupt which will be the case as i cant raise the money

This is where i need a bit of advice

So now the company who provided the bond of citation thingy have now contacted me saying that they will have to settle the amount to the claimant but only if i am made bankrupt

What they have suggested is rather than me go bankrupt and they pay full amount is that we pay roughly half each now which would stop me goin into bankruptcy and would mean they only pay half of what they would

I personally looked at it as a win win situation and would put it to bed to get on with my life and take the massive stress away

Has anyone heard of this before and is it as win win as i thought ?? Any advice views etc would be massivly appreciated

Sorry for the very large post

DUTR

All confusing, with lots of unecessary drama included, try reposting just the facts, it will be much easier for a reader to perhaps respond positively.

Keep_pedalling

You might be better off posting this on the bankruptcy forum. But as above keep it simple.

Are your selfish siblings still leaving you to carry the can on your own?

Mrgee

Thanks for reply Yes still dealing with it I will try shorten the post and move it to the bankruptcy forum was hoping someone might have experience with this sort of thing

Mrgee

Also i hear what you say about it bein too long a post/maybe in wrong forum but bein new i dont know how to edit/delete/move the post can anyone help me out?

getmore4less

original thread

https://forums.moneysavingexpert.com/discussion/comment/71982934#Comment_71982934

Keep_pedalling

Mrgee wrote: »

Also i hear what you say about it bein too long a post/maybe in wrong forum but bein new i dont know how to edit/delete/move the post can anyone help me out?

To edit your post you just need to hit the Edit button below the post, but I would start a new post from scratch over on the bankruptcy board.

Malthusian

What they have suggested is rather than me go bankrupt and they pay full amount is that we pay roughly half each now which would stop me goin into bankruptcy and would mean they only pay half of what they would

I personally looked at it as a win win situation and would put it to bed to get on with my life and take the massive stress away

What do you gain if you pay half? Not being made bankrupt, obviously, but what do you gain from not being made bankrupt?

I said in the previous thread that it appeared you had little to lose from bankruptcy as you had no assets that could be seized and no income that could be garnished.

You said you offered to pay your share back, and to do this you would borrow the money. This suggests that you still don't have any assets to speak of. Would you be borrowing the money in order to fulfill the agreement to pay half of the bond?

It doesn't sound like a win win to me. It sounds like the company providing this bond gets to keep half its money, and you get a massive debt hanging over you, while keeping nothing that you wouldn't have kept anyway.

Do correct me if any of my assumptions are wrong.

Kim_13

To edit a post you just press the edit button at the bottom of your post (the second one along, in between Thanks and Quote.)

You wouldn't be able to move the post yourself, so it's not anything you're missing. I'm able to move the post for you if you would like it to be moved.

What has your half-sister been awarded by the court? Unless I'm missing something her share would be quarter.