4 years on and still no closure

Deenport

Hi
a very long and upsetting matter, but I will attempt to explain in short and ask my question. Also when I say mum, this is in fact mother in law. 

Mum and her partner purchased a flat from local council many years ago. Council then carried out essential repairs, and as part of purchase agreement, owners were required to pay a percentage. This came to just short of £30k. 

Having no money to pay this, a charge was placed on the property with a repayment plan of 30 years. Approximately £1200 to be paid every year until debt cleared or flat sold and profit used to repay in full, whichever scenario came first. 

Only one repayment of £1200 was made, before Mum passed away (2019) leaving house to her partner including the debt. 

Her partner passed away only 6 months later (2020) leaving home to be split between my husband and his 3 brothers. This could only happen after debt was either paid independently or flat sold and the debt repaid with any remaining balance split between them. 

There has been signs of one brother (administrator) stealing money from the bank accounts, however with no evidence of this, I won’t include any details and keep this as factual as I know. 

As it stands, one brother who is the administrator has not been in contact since a few months after the funeral. 

The solicitors handling the estate, have also provided no details since the initial letter with a copy of the will in 2020 and refused to provide any further information to us. 

The council have received no further payment, and as far as I am aware, no council tax has been paid. 

If the council don’t chase the debt, I understand that after 5 years, the debt is cleared ( Scotland) and if so, what would happen then? And if they do chase the debt, how can we ensure that the flat is sold to repay when administrator and solicitor are incommunicado? 

Husband is concerned that the a quarter of the debt will land at our door. 

Thank you for taking time to read and any experience or advice welcome. 

Unfortunately we are not in a position to secure our own solicitor. 

Alderbank

Was mum's estate administered properly, passing the house to her partner?

Did her partner leave a will leaving the house jointly to his former partner's four sons?

Deenport

Alderbank said:

Was mum's estate administered properly, passing the house to her partner?

Did her partner leave a will leaving the house jointly to his former partner's four sons?

Sorry I perhaps didn’t explain properly. The flat was in both mum and her partners names, and we were told, by brother (eventual administrator) that the money in her bank account was transferred to her partner’s account. They were together for many years and he was to all intents, a step dad to the four brothers. 

And yes, his will stated that the flat was to be split 4 ways. There was no mention of his bank accounts in the will and we were told, again by the administrator, that all money had been given to step dad’s sister, as next of kin. 

She has told us that she received nothing. 

Keep_pedalling

This is a secured debt it won’t become time barred after 5 years

Deenport

Keep_pedalling said:

This is a secured debt it won’t become time barred after 5 years

Thank you for info. In that case, and as the debt will increase yearly ( penalties for non payment each year) how can we resolve this? The longer it takes, the more will have to be paid, leaving little or nothing to pay solicitor fees which in turn means there will be nothing to split 4 ways. 

I suspect that this is already the case which is why we have heard nothing more from the solicitor and administrator. But I’m only guessing! 

elsien

Did the stepdad’s will only name the one person as executor?
Are they living in the flat?

Deenport

elsien said:

Did the stepdad’s will only name the one person as executor?
Are they living in the flat?

Yes, only named the one brother and the flat is sitting empty and has been for years 

elsien

If the administrator has instructed the solicitor to manage the estate  they are contracted to him and have no obligation to provide any information to you.
As far as I’m aware and he council text you will come from the estate which will reduce the amount for beneficiaries.
Maybe you need to start looking at the procedure for having him removed? Although again without knowing if there’s any money left, that might not be financially worthwhile. Difficult one. 

Deenport

elsien said:

If the administrator has instructed the solicitor to manage the estate  they are contracted to him and have no obligation to provide any information to you.
As far as I’m aware and he council text you will come from the estate which will reduce the amount for beneficiaries.
Maybe you need to start looking at the procedure for having him removed? Although again without knowing if there’s any money left, that might not be financially worthwhile. Difficult one. 

Thank you. It gives some reassurance that the council won’t chase us for debt. Not overly concerned about any money being left over, as long as we are not liable for anything. 

Also seems such a shame for a flat to just sit there at stalemate.

BikingBud

Although you only appear to concerned that you have no liability I might consider advising the Executor about the Council's options:

what-powers-do-local-authorities-have

Conversely, as the property appears to be, still, within the deceased's estate and you have no liablity, I might just have a glass of red and let him worry about it.