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Dispute over who owns late mothers possessions

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Comments

  • Glad
    Glad Posts: 18,929 Senior Ambassador
    Part of the Furniture 10,000 Posts Mortgage-free Glee! Name Dropper
    I've merged your 3 threads to save you having to repeat all the relevant information :)
    I am a Senior Forum Ambassador and I support the Forum Team on the Wales, Small Biz MoneySaving, In My Home (includes DIY) MoneySaving, and Old style MoneySaving boards. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • BrassicWoman
    BrassicWoman Posts: 3,219 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Mortgage-free Glee!
    It is not your house. So you are going to need your fathers permission to retrieve items or some legal / police help.
    2021 GC £1365.71/ £2400
  • Jaywood89
    Jaywood89 Posts: 161 Forumite
    Well what do I do when he refuses to hand them over then? As he is currently.
  • DCFC79
    DCFC79 Posts: 40,642 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jaywood89 wrote: »
    Well what do I do when he refuses to hand them over then? As he is currently.

    The police
    Get legal advice as well.
  • melanzana
    melanzana Posts: 3,953 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    This is just so sad. How can people be so horrible.

    Unless there is a backstory or something. But honestly.
  • Jaywood89
    Jaywood89 Posts: 161 Forumite
    Melanzana
    I can give a back story for you and I wish I could say that this is all over exaggerated but I!!!8217;m afraid it!!!8217;s true...

    My mother was an amazing woman, strong, smart and kind to a fault. Unfortunately when it came to my dad she just couldn!!!8217;t let go of a relationship that was bad for her. She grew up without a dad and she never gives up on people so despite the fact he womanised and treated her like dirt she kept taking him back. He has a serious alcohol and drug problem and has even crashed our family 4x4 into a bus stop nearly killing himself through drink (luckily it was an empty stop). My mom made a lot of money in her job and she paid the bills as she couldn!!!8217;t trust him with money, he was always borrowing money from her and me. And despite being left £130k plus half the house (worth 300k) he felt he deserved more from her death (his actual words). As father and daughter we are not close as I grew up hating him for what he put our family through but most of all it was for 2015 when my mom was terminally diagnosed with lung cancer and brain cancer and he decided a few months later that !!!8220;he needed to get away from her illness!!!8221; that he ran off with another woman (again) my mom had a nervous breakdown that time and was so not herself. She was so scared she!!!8217;d die alone that 6 months later she asked him to come home and he did, I partly believe for the money as he had got himself into debt just being on his own for 6 months. After that there was no going back for our relationship.

    Even when she was in her final months he complained constantly about how !!!8216;difficult!!!8217; she was, and she was the cancer had spread to her brain so badly it was changing her personality and she would snap a lot , but he would snap back and call her names, I was constantly trying to get him to understand she couldn!!!8217;t help it and then comforting her because she couldn!!!8217;t understand why he was so horrible to her. All while caring for my 7 year old and 6 month old at the time.

    Me and my mom had very open conversations about her relationship with him and in her final months she apologised for not leaving him years ago but I knew she would if she could but she just couldn!!!8217;t. That!!!8217;s why she left everything to me and my children. One of our final coveratations about her wishes and what she had put in her will (2days before she died) she said !!!8220;he!!!8217;s had enough from me in this life, he won!!!8217;t take anymore in my death!!!8221;. He even tried to deny her family access to her at home to say good bye because !!!8220;this is my house and I don!!!8217;t want all these people here!!!8221;. He then had his family come round to !!!8216;give me a talking too!!!8217; about making sure he was looked after once she had died, I think he was scared he had to get me to hand money to him as the executor. Once he had it his attitude switched to the one you see in my OP.

    He wanted all my mothers stuff sorted through and removed from the house in a matter of weeks from her death and I refused as I wasn!!!8217;t ready, i think it was because he didn!!!8217;t want his new girlfriend to be there with it all there. He then got annoyed when I called him an awful person for having another woman in the house within months of her death to which he informed me he had moved on and i need to do the same.

    I!!!8217;m aware there!!!8217;s always two sides to a story I!!!8217;m sure he would point out how he tried to work things out with me, each time either high on something or drunk and then wondered why I wouldn!!!8217;t be interested. Or on he few sober occasions he would get annoyed why I wasn!!!8217;t just !!!8216;getting over it!!!8217; or !!!8216;letting the past go!!!8217;. I!!!8217;m not the perfect daughter not by far but my mom and I were very close and I!!!8217;m lucky enough the still have my moms sister around to be there for me right now and have the provisions my mom did provide there to build a future for my kids.

    The thing I don!!!8217;t want to do is cause a huge scene in the street with police and everyone watching, ive been letting this all happen because I really can!!!8217;t find the energy to fight him onto of grieving for my mom. But it looks like I either have to sink to his level or let go of the memories left in the house.
  • Jaywood89 wrote: »
    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

    Do you have any evidence of this? If so you could have grounds for making a claim against the solicitor.
  • Jaywood89
    Jaywood89 Posts: 161 Forumite
    I do have proof and the solicitors who dealt with the estate advised me to take the matter further and contacted someone who they felt could help me from another firm

    At the time I just wasn!!!8217;t ready to take on a battle like that, especially as there are no guarantees of winning so I said I wasn!!!8217;t interested at the moment and would look into another time.
  • unforeseen
    unforeseen Posts: 7,414 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Reading through this, I am not seeing anything explicit enough to point to the solicitors being told to change the house ownership to Tic.

    Telling a solicitor to re-written a will to leave everything to the daughter, to my mind, is not sufficient to indicate that property ownership should change especially as the information about the different types of ownership were communicated to her and she took no action.

    I would go so far as to say that since this information was supplied to the client and the client refused to make a clear definite decision, then Status Quo would be the rule of the day
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