House put into a trust, owner has now passed away

tain

**Very vague and sketchy details warning** - apologies ahead of time here, as this is for a friend and I have very very limited information. I'm hoping people could at least point me in the right direction or give me the right questions to ask **

My friend's mother recently passed away. At the time of her passing, he lived with her and her husband (his step dad). He has told me that the only inheritance he is due is from the house, which was put into a trust. It seems that, in the event of her death, the house, which she owned outright, would be sold and split three ways, and my friend was one of the interested parties. 

She has now passed away, so the trust has been invoked. However, due to COVID and other personal circumstances, my friend was unable to sign any forms given to him from the lawyers/solicitors (?). The house has now been sold, and he is under the impression he has lost everything. 

Is this likely to be the case? Or would the money from the house sit in the trust, or in escrow, until my friend sorts himself out and is able to claim what is his? Is there a possibility that the two other people on the trust can have access or gain all of the money in the trust, and it may be difficult or require legal action for my friend to access the money?

Apologies again if none of this makes sense - I'm trying to help a friend who finds it difficult to share any details, but desperately wants help. If I could at least be asking the right questions, we might get the information we need to act (if, indeed, there is any kind of action we can even take now). 

AnotherJoe

Why can't your friend simply call the solicitors?

xylophone

At the time of her passing, he lived with her and her husband (his step dad). He has told me that the only inheritance he is due is from the house, which was put into a trust. It seems that, in the event of her death, the house, which she owned outright, would be sold and split three ways, and my friend was one of the interested parties. 

If the house was put into a Trust before she died, then she did not own the house outright. It became the property of the Trust.

The legal owners would have been the Trustees and it would have been they who dealt with the sale of Trust assets.

A Trust has beneficiaries - the OP may have been one of them.

Or is the case that a trust was created by will? It is possible that the late mother's will created an interest in possession for the stepfather.

Did your friend become estranged from his stepfather on his mother's death and leave the property?

Your friend can obtain a copy of a probated will.
https://www.gov.uk/search-will-probate

Your post mentions  solicitors - had they attempted to contact the friend?
Has he got back to them at all?

MalMonroe

I agree that your friend needs to contact the solicitor dealing with the matter. If he had an interest in the property it could not have been sold without his input. 

Couldn't you have helped him with the forms, etc? 

It seems like no information will be gained until or unless he manages to speak to that solicitor.

MalMonroe

xylophone said:

At the time of her passing, he lived with her and her husband (his step dad). He has told me that the only inheritance he is due is from the house, which was put into a trust. It seems that, in the event of her death, the house, which she owned outright, would be sold and split three ways, and my friend was one of the interested parties. 

If the house was put into a Trust before she died, then she did not own the house outright. It became the property of the Trust.

The legal owners would have been the Trustees and it would have been they who dealt with the sale of Trust assets.

A Trust has beneficiaries - the OP may have been one of them.

Or is the case that a trust was created by will? It is possible that the late mother's will created an interest in possession for the stepfather.

Did your friend become estranged from his stepfather on his mother's death and leave the property?

Your friend can obtain a copy of a probated will.
https://www.gov.uk/search-will-probate

Your post mentions  solicitors - had they attempted to contact the friend?
Has he got back to them at all?

OP said "However, due to COVID and other personal circumstances, my friend was unable to sign any forms given to him from the lawyers/solicitors (?)" so it doesn't seem as if he got back to the solicitor.

tain

Thanks everyone this sounds positive. My friend is in a really bad place at the moment, hence not being able to call or address the issues properly. 

If I can have some level of confidence that there possibly might be a good chance he still has the money that he is 'owed' so to speak, then it might be enough to work with him positively.

The fact the house is sold, and could be in the possession of the trust, means if he's due 33% then that could always be his?

xylophone

My friend is in a really bad place at the moment, hence not being able to call or address the issues properly. 

It is fortunate for him that you are there to give support and practical assistance. He sounds extremely vulnerable. Does he need to consult his doctor?

Check the link in my previous re  Mother's will.  This  should clarify the issue of whether or not the will created a Trust and if so what kind.

As I said above, it is possible that a Trust was created and assets transferred into it before the death of your friend's mother.

It could be that the settlor of the Trust was your friend's father - he may have left the family home in Trust for his wife and children.

It is also possible that the solicitors who tried to contact your friend are the Trustees of the Trust.

If they have sold an asset (the house), they should be holding the funds in the Trust;s account or possibly in their client account.

Does your friend still have any letter they may have sent to him? Or do you have any idea of which firm is involved?