Dispute over who owns late mothers possessions

Yorkshireman99

As there is a will it is OK. Your father is not entitled to a penny. Al the more reason to report him to the police. In any case under intestacy rules you would inherit from your mum.

getmore4less

Jaywood89 wrote: »

Looking for Any advice Really.

So my mother passed away from cancer last year. I’m an only child and we were very close. My mom had recently taken my dad back after he left her for someone else a few months after her terminal diagnosis (what a nice man). She told us she just didn’t want to die alone and didn’t want me to be parentless, even though I’d said I’ve hated him for years so don’t worry about it. He’s a drinker drug user womaniser who didn’t contribute much to the household physically or finacially and I was happier when he left.

That’s just a bit of back ground to understand why I’m here. So my mom left everything to me in her will. Except 20% of her pension which she left to him as the tax if I’d received the whole thing would of been more than the share she gave to him. So she had left him that plus the £49k on their life insurance (which she tried but couldn’t leave to me) plus his half of the house.

Unfortunately the solicitors who drafted her will ballsed up and didn’t change the deed on the house so he inherited it via suvivourship, despite knowing she had left him half and him agreeing to that while she was alive.

As I lived with them I had to move out as he decided to let me know that the house was his and I had no right to be there, also he started seeing the women he was seeing before within weeks of my moms death, bought a flash new car with the money left and informed me that he was willing to take me the executor to court to pay for the joint loan they still had together. so I had move out to a friends house (with my kids).

I went to the house the other day to collect some photo albums from the loft as I knew he wouldn’t miss them or even know they were there. When I got there, every shred of evidence in the house, like hung photos of my mother’s were gone. He’s taken them all down, and my moms suitcase was in the hall (he’d been on holiday) with his new girlfriends clothes in. So I took every photo album I could find and just left. The reason for this is that things are just things at the end of the day but those photos hold memories and that means more to me.

I went back today to collect some mail which I regularly do and I found the locks changed. He’s done this once before but his family gave me a key.

My question is where do I stand legally on the contents of the house? My dad owns only the tv in the living room, everything else is my moms and I can prove recipets for almost everything? Do I have any right to those things as the beneficiary of her estate? Or are both her and my stuff now his as they are still in the house?

I’m more Interested in all my baby things and my children’s baby things. The things that hold memories. Tv’s and beds etc are less of a concern to me.

Any advice would be much appreciated TIA

If he was told that in writing then that should have severed the joint tenancy and survivorship no longer applies to the beneficial interest.

Jaywood89

Not sure it was put in writing, it was more common knowledge between us all, it was said often that he will get half the house.

I know that’s not reallt good enough in a court of law so I understand.

getmore4less

Did the father change his will at the same time to reflect the tenancy change.

There are quite a few cases out there covering court ruling on severance of joint tenancies where the land reg did not get updated.


Your wording previously indicates she was giving him 1/2, if they were joint/TIC he in effect had 1/2 anyway.

If the will was not changed then there is nothing to support a severance was ever served or implied through other actions.

if the will already passed everything to you then just a severance would have been enough to get 1/2 the house protected while the rest of the paperwork was done.

Jaywood89

Thanks for the reply

My dad doesn’t now nor has he ever had a will. My mom made one when she found out about her termnail diagnosis 4 years ago, They lived very separate lives finacially as my mom had a high powered job and lpaid all the bills and my dad spent all his wages on drink and partying.

getmore4less

If they were joint tenants there would need to be some evidence of the severances after the purchase.

Jaywood89

Hi.

I wrote a post recently explaining how my mother left me as her only beneficent of her will. She owned a property with my father but didn’t include him in her will, for a lot of valid reasons.

She instructed a will and asked the people who wrote it to ensure all her assets passed to me. They didn’t ensure that propert my mother and father owned together was severed to TIC so after her death he has taken possession of our house, denying me access despite it being mine and my children’s home also. We have been staying with friends until our house purchase goes through.

I recently went to the house and got my mail, my photo albums and my mothers jewellery, as my dad has moved in his new girlfriend (the one he announced weeks after my mom died). He then changed the locks and reported me to the police for theft as he stated he owns everything in the house.

It was always my plan to just leave most of the stuff rather than enter a bitter dispute of ‘things’. But after an awful weekend of finding out about his behaviour in which he has reported me to the police for theft, removed me from the council register at the house and then called tax credits to say I’m no longer living there (ensuring I cannot pay my child care fees) . I’ve decided to hell with it I might aswell ensure the items I was left actually pass to the right person.
How do I begin this? Should I write a letter of intent, giving him chance to hand over the things I can proved belonged to my mother? (Almost everything) . Or do I need to seek legal advice as he is now stating I am an intruder in my own home. He’s also told people he is selling the house and living in his new woman else where so my things will either be destroyed or taken to where I cannot get to them.

BrassicWoman

Jaywood89 wrote: »

They didn’t ensure that propert my mother and father owned together was severed to TIC

1. who is the executor of the will
2. please rephrase the above sentence as it is critical and reads a little vague just now

BrassicWoman

sorry, answers in your earlier thread

https://forums.moneysavingexpert.com/discussion/5829076

have you tried to execute the will eg applied for probate etc?

Jaywood89

Sorry yes, I am also the executor and I had a solicitor deal with the will. As I didn!!!8217;t need to gain access to the items at the time as they were in my house she didn!!!8217;t need to worry about the items at the time.

In regards to rephrasing I mean that despite being asked to do so they did not severe the tenancy to tenant in common so my father automatically took possesion of the house they shared