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legal (aid) query - inheritance
Checkov_2
Posts: 6 Forumite
Hi,
Not sure if this is the right place.
My grandparent died over 7 years ago, and the named executor (auntie, not a blood relative) hasn’t dealt with the estate yet. We were advised by the CAB (I think) that after seven years the executor would revert to the nearest blood relative (my Mother) her only sibling committed suicide before the will was made turns out this isn’t a law apparently. The will is essentially a 50-50 split between the brothers family and my mothers.
The executor moved in her son some 4 years ago and as far as I know he hasn’t paid any rent, initially my mother agreed (soon after my brothers death when she wasn’t really able to think straight) to let the executors son stay in my grandparents house to decorate the house etc.
We didn’t get anything sorted for this all this time because my brother had leukaemia which he eventually died from, and are really still grieving. They’ve let the house run down and get a valuation for it far below market value due to its dilapidated state, and it was suggested that the son is interested in buying it.
They didn’t respond to several letters from my mother and eventually my Mother hired a solicitor. The solicitor seems to be doing very little as far as I can tell, he said we may have a case for some back rent but it would be basically not possible to remove the executor. There solicitor has sent a letter saying the executors son has only been a tenant there since December 2007 and is acting as a ‘caretaker’.
As it possible for me to get legal aid? My parents can’t really afford to pay 150 per hour for a long period of time. I’m a student but am currently taking a leave of absence due to health reasons. And will it be possible to take control of the will from my auntie, I know there is probate but it seems that would lose money with the current condition of the house.
Thanks Checkov
Not sure if this is the right place.
My grandparent died over 7 years ago, and the named executor (auntie, not a blood relative) hasn’t dealt with the estate yet. We were advised by the CAB (I think) that after seven years the executor would revert to the nearest blood relative (my Mother) her only sibling committed suicide before the will was made turns out this isn’t a law apparently. The will is essentially a 50-50 split between the brothers family and my mothers.
The executor moved in her son some 4 years ago and as far as I know he hasn’t paid any rent, initially my mother agreed (soon after my brothers death when she wasn’t really able to think straight) to let the executors son stay in my grandparents house to decorate the house etc.
We didn’t get anything sorted for this all this time because my brother had leukaemia which he eventually died from, and are really still grieving. They’ve let the house run down and get a valuation for it far below market value due to its dilapidated state, and it was suggested that the son is interested in buying it.
They didn’t respond to several letters from my mother and eventually my Mother hired a solicitor. The solicitor seems to be doing very little as far as I can tell, he said we may have a case for some back rent but it would be basically not possible to remove the executor. There solicitor has sent a letter saying the executors son has only been a tenant there since December 2007 and is acting as a ‘caretaker’.
As it possible for me to get legal aid? My parents can’t really afford to pay 150 per hour for a long period of time. I’m a student but am currently taking a leave of absence due to health reasons. And will it be possible to take control of the will from my auntie, I know there is probate but it seems that would lose money with the current condition of the house.
Thanks Checkov
0
Comments
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Worth one bump. Guess it was the wrong place.0
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might be worth posting on the families board rather than the student one - more people there will be able to help you!:happyhear0
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Worth one bump. Guess it was the wrong place.
No idea here Checkov. If you get no takers here, perhaps try the newsgroup uk.legal.moderated as lots of legal bods chip in there.
best of luck
terryw"If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools"
Extract from "If" by Rudyard Kipling0
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