No room for the disabled

RedMonty

ellenGB said:

Before you start assuming that I did the wrong thing, I am disabled, not stupid. Have paper work, invoices etc. Do not assume based on nothing. Leave that to politicians. Dr EMG

I am disabled too. You've done far more than you think - managing your own condition as well as looking after your mum.  

You've done the right thing to ask about your situation in this forum and received some excellent guidance and advice.  Talking to the lawyer / executor is the right way to go.  You might want to think about only communicating with him / her via email so that you have a record of any important points they make.  Phone call is good for informal discussions / clarifications, but there is no record. 

As someone said, absolutely put in a claim for repayment of your mum's debt to you. You have all the paperwork and invoices and bank statements, it should be very easy.  Send the lawyer photos or photocopies and keep the originals.  

I'm not sure if a disability charity would be much help in this situation, because it seems from the above that most of your issues are linked to finance / inheritance not to your specific condition.  I strongly suggest getting your own solicitor to advise - it need not cost a lot, and it could be money well-spent.  You need someone on your side. 

https://solicitors.lawsociety.org.uk/  

Look here for a local solicitor - near to you. There is a dropdown list of specific legal issues so use that to narrow it down. Talk to 3 or 4 different ones, see which one you get on best with. 

The rest of your issues relate to your disability, benefits, and council support.  I strongly suggest looking for a charity run by disabled people themselves, ideally as close as possible to your own disability. We know so much more about how to support each other because we've been through it ourselves     Be suspicious of any disability charity that is not run by disabled people. They have their uses but they're not going to fully understand. 

 If there is an Independent Living Centre that covers your area, that's good too.  You mentioned Richmond - if that's Richmond in London then I've heard good things about RUILS ( https://www.ruils.co.uk/ ) but they are probably very busy too.  They might also be able to suggest some local disability-friendly solicitors.   They may not be allowed to suggest anyone directly but you can ask for a list, see where that gets you.  

Like I said, split your issues up into different categories - e.g. inheritance / housing / finance / benefits.  No one person is going to be able to properly advise you in all these areas.   For each area, you'll probably need to look for a different expert to advise you.  I don't ask my plumber to fix my electricity, and I don't ask my PA for legal advice. 

You're on the right track. Good luck!    

(PS If you feel overwhelmed, no need to reply to me. Save your energy!) 

doodling

Hi,

ellenGB said:

I wish to end things here. Law is simple. I have time. Disability can be a reason not to evict. Just talked to executor. Brother is wrong. 

Whilst disability can be a reason not to evict, that doesn't mean it will be.

You haven't given a clear picture of the financial situation but from what you have said:

1. Before your Mum died, you say that the house was owned between the three of you - is that equally or in some different proportions?
2. It is not clear who the beneficiaries of the will are, you say they are grandchildren and two charities, does this mean that your mother left you nothing (except, presumably you retain the one third(?) share of the house)?
3. You say that your Mum owed you a lot of money but you aren't interested in getting it back?  That is odd, especially considering that you need money to buy someone else out of their share of the house.
4. You say that your Mum had substantial debts - how big are these in relation to the value of the house and any other assets (don't forget the money you are owed, assuming you want it back and any inheritance tax)?  Those debts will need to be paid somehow and selling the house would be one way for that to happen.  You may be able to trade your debt for a larger share of the house, but that only works if money can be found to pay the rest of the debts.

The executor's job is to make sure the beneficiaries (and the creditors, and the taxman!) receive the money they are entitled to, the executor won't necessarily be acting only in your interest but will do whatever is necessary to get their job done for all the beneficiaries.  For example, if I have misinterpreted what you said about your mother's will and actually you are one of the beneficiaries receiving half her share of the house, then the executor might simply transfer that share to you and the other half of her share to your brother and leave it at that.  It would then be up to your brother to start proceedings to force you out of the house if he wanted to, separately from anything to do with the will.

I think it would be very useful for you to:

1. Understand who owned the house before your mother's death.
2. Understand what the will says.  If you are on speaking terms with the executor then there shouldn't be any reason why they wouldn't give you a copy of the will.  It will be public anyway once probate is obtained.
3. Understand from the executor, if they are willing to share (and they don't have to until they have completed their work, so treat this as asking someone a favour), how they see the assets of the estate being divided and the approximate end result - i.e. how much of the house might you end up owning and do you end up with any cash?  If the executor won't share then you'll need to work this out yourself based on the will and your knowledge of your Mum's assets and debts.
4. Understand with your own solicitor (not the executor) whether you have a claim under the inheritance act for a larger provision from your Mum's estate than she has actually made for you and whether you should submit a claim.  There is a time limit on this so it is important that you do this quickly (unless that time limit has already passed).

If you and your brother end up jointly owning the house then there may be a question of whether your brother can force you out of it.  That is a question for later, once the estate has been settled.

Hope that helps.