Legal fees - Do I have to pay everyones?

Ziggy_Cat

Hi Guys,

Wonder if anyone can help!

My mum just passed away intestate and I am the only next of kin. My mums 2 step children who I havent spoken to in over 20 years are really trying to put the pressure on me to distribute my mums estate to include them in an equal share of her estate. Not only have they taken things from my mums home of value which they refuse to return for assessment, they are now trying to scare me by arguing they will contest the probate claim and bill me for all their legal fees. Im a fair woman and would do what is right with my mums estate but am amazed they are doing this to me. Does anyone know if they can legally charge to me or my mums estate their solicitors fees for contesting probate? After all I am the only next of kin? If anyone has any advise I would really like to hear it. Thanks everyone. ZC

mark55man

I can't help you on the legal matters - but I would change the locks !!

I'mcomingbackasaman

If I'd studied law for 4 years and had a job as a solicitor I'd know the answer.

hardpressed

As mark88man says change the locks if you can. If not remove anything valuable, making a list and keep the items in a safe place. Have you contacted the Probate Office and asked their advice? I don't think they've got a claim on your mum's estate. Have you tried looking up intestacy on Google and seeing what that says?

Ziggy_Cat

Hi Guys,

Wow! thanks for all your help.

If Id had a chance to change the locks I would have. As I live 200 miles away and only found out when I returned from holidays 5 days after my mum had passed away. They had already taken anything of value (including brand new furniture which they must have used an elephant to shift down 3 flights of stairs). They refused me entry to the house as they had access to the keys and when I did finally get entry the place was a shell. The day I found out my mum died I contacted the step family and after the 'Oh we are so upset, they finished with, make decisions about the money now' ah! the kindness of others. People amaze me. They have refused to give me an inventory of her belongings that they took which is incredible. Wait for this, the classic line I had from one of the step sisters was, and its a classic. I wouldnt take anything she didnt want me to have, Im a born again christian you know.

I did speak to a solicitor who said legally the entitlement was mine but in extremely rare cases they might be able to claim something. As far as paying their legal fees I didnt ask them that as I decided to apply for probate myself and not through a solicitor. I think I best get another appointment.

Thanks you lovely people. ZC

Biggles

Very sad, ZC. But maybe the step-kids have given you an opening if they really believe they are entitled to a share of the estate, as for you to calculate their share, they will need to provide you with an inventory of the contents (that they have already taken).

Your solicitor seems to have the right idea (he's bound to say 'in rare cases', as he has to cover all possibilities) and I don't think you should allow yourself to be threatened by the step-kids in this way. I assume the value of the house is involved, in which case it could be worthwhile taking further advice. They are unlikely to follow their threats through, so criminal proceedings against them (pure theft, of your mother's goods, presumably?) could be hinted at.

Ziggy_Cat

Thanks my dear,

I do think Ive been a little bit passive throughout this whole period as I really try hard to put myself in other people's shoes and try to think maybe its their way of expressing their grief. I think it comes accross as though Im a bit of a push over to everyone else. Im going to be firm on this one and stand my ground and call their bluff. Thanks again Biggles...ZC.

richt71

Hi Ziggy Cat,
Sorry to hear of your problems. I'm no solicitor but I had a similar situation with a relative of my grandad's. My grandad left everything to my brother and I but before we could 'face' clearing his house his nephew (who had a key) removed a brand new TV. My dad (who is a solicitor) told my brother and I that we could ask for it back as the nephew had no right to remove the TV. However we decided it wasn't worth the hassle.
According to my dad it's something he sees a fair bit of, families taking stuff they shouldn't after relatives die. Very sad.
Hope you get sorted out.

Ziggy_Cat

Thanks Rich,

Im sorry about your grandad my love. That should be the time when the people around you care for you the most not fill their pockets.
One of the only lovely things to come out of my whole experience was a neighbour who popped round when I was finishing packing the remainder of my mums clothes.
She popped in and said ' Is there any chance I could ask you to give me something' I thought .. oh no, not this, please take whatever you like Ive really given up..but all she said was ' I would just like a photograph of your mum to remember her by' I was really touched. So there are still wonderful people out there...ZC

Mojisola

Ziggy_Cat wrote: »

My mum just passed away intestate and I am the only next of kin. My mums 2 step children who I havent spoken to in over 20 years are really trying to put the pressure on me to distribute my mums estate to include them in an equal share of her estate.

Don't know the answer to your original question but, as you live so far away from your Mum's house, have her step children been looking after her? Was the house bought by both your Mum and their Dad? Are there reasons like this that explain why they obviously feel entitled?

I'mcomingbackasaman

Maybe these step children are putting pressure on you because they've taken legal advice and have been told the next of kin inherits the lot. If they continue to put pressure on you while your trying to sort this out, ask them are they interested in paying off the debts of your mums that need to be paid ie. Electricity, Gas, telephone, Council tax etc. (up to the date of her death) and see how many step children are interested then.