Inheritance stolen?

Artgemini

Father of an only child died.
in his will he left 50% of his estate to his only daughter. 

The mother on leaving the matrimonial home to go into sheltered accommodation sold the house

Therefore in theory the daughter was due 50% Of the house sales (Along with 50% of the remaining estate cash et cetera)

The executor solicitor transferred 50% of the house sale to the woman. The mother (a Narcissist of the highest category) Vehemently objected to this And pressurised the woman into signing a release form for that house money not to go to her. 

The solicitor executor said that this was most unusual. He  advised  that the woman not to sign this. 

Under pressure of the mother, the document was produced and signed by the daughter. 

The mother (in 90’s) is now in a care home and has ample funds to provide for her for at least another three years. 

I believe that the woman is now entitled to reclaim that part of the property sale as she signed the waiver document under severe duress Not far short of as being under torture.

The daughter is worried about authorities claiming that this money should be used to cover the care home expenses later in the future should they need an arise. (And added complication is that the Daughter is seriously suffering from anxiety and depression partly caused by this and is under her own financial pressures of life)

Do you agree that the woman / daughter should just go ahead and transfer those missing  funds - the element of the house sale to her own account? 

My opinion is that the Daughter is rightly due this money and should now as executor use the opportunity to claim it back immediately. 

Any thoughts? 

Keep_pedalling

Sounds like the daughter should seek legal advice, I don’t think anyone on here can give advice on the the limited amount of information available.

elsien

Torture? Seriously?
What evidence does she actually have of coercion that would stand up in a court? 

Regardless of the background, she can’t just half inch any of the money and shove it in her own account. 

What legal authority does she now have to access the mother’s account in order to access the funds because if she’s acting under a power of attorney that’s a sure fire way of getting the power of attorney removed from her. And also allegations of theft. 

She signed the document waiving her share. She may now be regretting it, but she would need to follow correct processes, not just steal the money back.  Because it would be theft as things stand.  

Tucosalamanca

Call me old fashioned but the cost (and quality) of a parent's care takes priority over claiming an inheritance.

Can the daughter not wait until mother passes?

VyEu

No. That is theft.

Sounds like daughter signed a deed of variation to give her share of the father's estate to mother. Daughter was told not to sign but did so anyway. Daughter now wants her money. Correct?

Duress is an incredibly high bar and no detail is provided about 'torture' so not sure how far that would fly. She needs advice from a private client solicitor. 

sheramber

Has the estate been finalised and the inheritance allocated to each beneficiary? 

How did the mother  come to be responsible for selling the house, rather than the executor, if the house was still part of the estate and not already inherited by the mother?

Olinda99

she had legal.advice but went ahead and signed anyway

the chances of getting that reversed are zero

Pollycat

Artgemini said:

Do you agree that the woman / daughter should just go ahead and transfer those missing  funds - the element of the house sale to her own account? 

I most certainly do not agree!

Your belief and opinion do not matter.

Your thread title is wrong.
This woman's inheritance was not stolen, she signed her share away.

What proof do you (or she) have about duress and torture?

Artgemini said:

My opinion is that the Daughter is rightly due this money and should now as executor use the opportunity to claim it back immediately. 

Executor of whose will?