Can i buy children out of half the house?

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  • Karendeakz
    Karendeakz Posts: 27 Forumite
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    Yes I think I may need to. My husband wanted his pension to come to me to help raise the children but ex FIL told his work that we were estranged and asked them to put the money in trust. Which they have done and I'm not sure of I should seek legal advice on that also.

    His father is a questionable man, I never trusted him as he frauduently took a credit card out in husbands name years ago. I will never understand why he put him as a trustee. Ex MIL is great, she agrees that I should have the money to help raise the children but she hasn't dealt with any of the will stuff.

    Ex FIL also set up a just giving page after my husband died stating it was to give the children a nice Christmas, however £1700 was raised and they didn't see a penny of it. As far as I can tell all he's bothered about is money, he has seen the children once since my husband died.
  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
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    paddy's_mum wrote: »
    Given all the things done in haste, the home-made will, and the continuing uncertainties, I suggest you get that will checked out by a solicitor. I realise that will cost money but if you are struggling to raise the children and keep a sound roof over their heads, can you afford not to?

    This!

    You really do need to see a solicitor. If you have legal cover on your house insurance, you may be able to use that.
  • Tom99
    Tom99 Posts: 5,371 Forumite
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    Ex FIL does not sound like a suitable trustee to look after your children's inheritance one it is turned into cash.
  • Karendeakz
    Karendeakz Posts: 27 Forumite
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    I do have legal cover on my house insurance so I will contsct them and see if they can assist.
  • theoretica
    theoretica Posts: 12,305 Forumite
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    Karendeakz wrote: »
    Yes I think I may need to. My husband wanted his pension to come to me to help raise the children but ex FIL told his work that we were estranged and asked them to put the money in trust. Which they have done and I'm not sure of I should seek legal advice on that also.
    Indeed - you need to tell the pension that the children's need is now - trusts exist that lets it be spent on their needs before 18!
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
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    The pensions business is outrageous! As your husband's spouse, even though estranged, your wishes, needs and the needs of the children should have taken precedence. Only the laws of the land can change that status, not FiL's personal opinion, and in your shoes, I would be challenging the Trustees of the Fund over that decision.

    It is my opinion that you cannot afford NOT to seek legal advice. At the very least, your husband's estate should be helping to fund the needs of the children - that is, after all, why he changed some of the things he did in the way that he did - to provide for his dependants!

    I hope someone sets up a Crowd Fund for your legal fees - I for one would be happy to contribute.
  • Flugelhorn
    Flugelhorn Posts: 5,578 Forumite
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    I think that the pensions side needs looking into - these sort of things are set up to help minor dependants and seems odd that they have accepted it being withheld until 18

    ETA I am afraid I would have a nasty suspicion as to where the pension money is going
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
    I've been Money Tipped!
    edited 15 July 2019 at 9:26AM
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    In your shoes, I would be writing to the Trustees of the Pension Fund and ask them to provide you - in writing - the details of what their decision was and the reasons for making said decision.

    As lawful spouse/widow, I do not believe that they will refuse to speak to you. You are your husband's next of kin and the parent of these dependant children.

    Can you imagine the stink Fleet Street would kick up if the Trustees refused? ETA and if the disappearing Crowd Fund also came to light?

    That little snippet alone gives you potent ammunition if FiL starts any shenanigans!
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Karendeakz wrote: »
    He changed it to tenants in common the week before he died so he could leave his half to the children. I'm the only one on the land registry but it does mention about half being in trust.

    How did the joint tenancy get severed?

    This could be important

    Who changed the land registry to have the trust?
  • kazwookie
    kazwookie Posts: 13,842 Forumite
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    Get to see a solicitor with the FACTS.

    Also make sure you have a WILL that is water tight, and the FIL cannot twist it to suit himself.
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