Charging order on late mums property

kris80

deannatrois said:

The problem is, the charge order is there partly because of your debts.  This raised concerns and efforts have been made to give you the right advice to save you experiencing terrible problems later on.

Please get legal advice.  You need to be able to show you have managed the estate in a fair and impartial way.  I'm afraid the way you are proposing to do things is not.  Not saying you are trying to do something fraudulently, obviously but you are leaving yourself wide open to these accusations.  We are trying to warn you about this risk. I realise its not what you want to hear, but you really really do need to take a step back, remove your emotions and reassess your position.  Please.

I mean, what happens if for reasons not under your control you lose your job over the next year? Its not exactly an uncommon thing right now.  How long will your relatives wait before they start to wonder if they are being taken advantage of?  Not saying you will do it deliberately, but I know from experience we tend to be optimistic when estimating time it will take to put financial matters right again.  And not allow for things going wrong. we learn these things the hard way lol.

Thanks for your feedback it’s much appreciated. I know some people are making me aware of some concerns but I’ve been had these conversations with siblings. They don’t want equal split they’ve stated that and they want to wait until I can get the rest. I understand anyone could lose their job, am a teacher so pretty secure in that respect bit that doesn’t mean to say something won’t happen. If that was the case then we’d then look on next steps even if it meant one of them applying to take over the mortgage. 
Probably all sounds a bit far fetched to some people but we are a close family and help each other when we can. I am in no way try to do anything fraudulent because I think some people that what’s seems to come come across.
Thanks again for your advice.

macman

They can't 'take over a mortgage' with you remaining in the  property! Either take proper legal advice on this, or expect to be posting here in twelve months when you either face finding £34k you don't have, or having to sell the property to clear the estate's debts to your siblings.
No one has accused you of fraud, but you clearly don't understand the legal obligations of being an Administrator and the way in which your hands are tied by intestacy in the absence of a will. 

greatcrested

Whatever 'agreement' you've reached with your siblings should be properly confirmed in writing, ideally by a solicitor.

But having re-read the thread again, my advice is to do one of two things:

* apply as administrator but employ a solicitor to advise you. You don't need to pay a solicitor the full wack to undertake the administration, just to give you the legalguidance you so obviously require. Yes, it will cost a bit, and yes, this is a moneysaving forum, but sometimes the best moneysaving involves some controlled initial outlay

* withdraw you application to act as Administrator. Let one (or more) of your siblings undertake this role as they have less personal involvement and can be more objective.

kris80

greatcrested said:

Whatever 'agreement' you've reached with your siblings should be properly confirmed in writing, ideally by a solicitor.

But having re-read the thread again, my advice is to do one of two things:

* apply as administrator but employ a solicitor to advise you. You don't need to pay a solicitor the full wack to undertake the administration, just to give you the legalguidance you so obviously require. Yes, it will cost a bit, and yes, this is a moneysaving forum, but sometimes the best moneysaving involves some controlled initial outlay

* withdraw you application to act as Administrator. Let one (or more) of your siblings undertake this role as they have less personal involvement and can be more objective.

Thanks for your advice. I have already sent the application off and even though I understand what your saying am going to continue with it. The only part of the process I haven’t completed is sending mums death certificate off. The reason for this is just to slow things down with mums mortgage maybe pushing for sale before other things are in place.