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  • FIRST POST
    • LJBB1998
    • By LJBB1998 13th May 19, 6:04 PM
    • 5Posts
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    LJBB1998
    Havenít received Inheritance, mother won't corporate or hand over estate accounts
    • #1
    • 13th May 19, 6:04 PM
    Havenít received Inheritance, mother won't corporate or hand over estate accounts 13th May 19 at 6:04 PM
    Hello in need of some urgent help an information

    I have already tried using a solicitor, however they have been no help. Iím a student in my final year and beyond the initial £750 I paid to my solicitor, theyíve been no help.

    My father died in August 2009 without a will, I was a minor at the time, I am now 22 . As far as I know my mother and step sister were the executors of the estate, with my mum receiving half of the estate due to the intestacy rules and both my step sisters who are 20 years older than me received their share of the estate.

    I was told by my mother that she used my share of the estate to purchase a house in Kent as a trust property to rent out, while we lived in a rented property in London. Over the years my mother has kept me in the dark regarding my inheritance. Only recently in the last year or two have I realised how mentally abusive my mother is as well as bad with money. After months of protest I managed to convince my mum to put the house in Kent on the market, however she failed to answer any of my questions as to how much I was due to receive. The house received two offers however both fell through, i was kept in the dark and could only check the progress of the sales online through online estate agents. I managed to get her to sign a contract that gave me an additional 80k after the house was sold as well as my share of the estate, but only after the house was sold.

    Not long after due to my mothers poor money management, we were evicted in September from our London rented house, leaving me without a house in London to complete my studies. My mother moved into the trust property and has barely spoken to me since. She hasnít put the property back on the market, leaving me with no family to stay with, I have been living with friends the last couple of months to carry on my studies. I have made many attempts to talk to my mum to put the property back on the market so I can receive money . I believe she has no intention of selling the house and because I canít access the estate accounts, I donít know how much Iím really entitled to and at what age I was supposed to receive money or even a way to prove my interest too. What can I do? Iíve looked up so many different situations but donít know where to start. As I stated before I had a solicitor who sent my mother a letter to send the estate accounts but she didnít reply which I knew would happen. I need her to sell the property in Kent as she has no money to really pay me my inheritance and it feels as if itís all been spent. This situation has gone on for nearly two years. I just want to complete university and get a place to stay permanently. My mother has been terrible this whole time and it seems like she has all the power as executor. What can I do, I really need help.
Page 1
    • MovingForwards
    • By MovingForwards 13th May 19, 6:51 PM
    • 2,400 Posts
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    MovingForwards
    • #2
    • 13th May 19, 6:51 PM
    • #2
    • 13th May 19, 6:51 PM
    Have you checked to see if your mother applied for probate?
    • elsien
    • By elsien 13th May 19, 6:59 PM
    • 19,906 Posts
    • 50,582 Thanks
    elsien
    • #3
    • 13th May 19, 6:59 PM
    • #3
    • 13th May 19, 6:59 PM
    Have you checked the land registry to see what it says about ownership of the house?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • LJBB1998
    • By LJBB1998 13th May 19, 7:30 PM
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    LJBB1998
    • #4
    • 13th May 19, 7:30 PM
    • #4
    • 13th May 19, 7:30 PM
    Yeah Iíve checked sheís the only person registered on the house
    • LJBB1998
    • By LJBB1998 13th May 19, 7:31 PM
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    LJBB1998
    • #5
    • 13th May 19, 7:31 PM
    • #5
    • 13th May 19, 7:31 PM
    I donít understand?
    • MovingForwards
    • By MovingForwards 13th May 19, 7:44 PM
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    MovingForwards
    • #6
    • 13th May 19, 7:44 PM
    • #6
    • 13th May 19, 7:44 PM
    You can ask, and pay, the land registry for historic property registration for your dad's old house and see who that was registered; if jointly between your mom and dad you can see how it was registered ie in a share each or automatically pass to the survivor.

    Surprised your solicitor didn't do this.
    • LinBWales
    • By LinBWales 13th May 19, 9:50 PM
    • 39 Posts
    • 19 Thanks
    LinBWales
    • #7
    • 13th May 19, 9:50 PM
    • #7
    • 13th May 19, 9:50 PM
    You may not be entitled to anything. This depends on how much the house was worth in 2009 and also how it was owned (jointly or tenants in common). She may have told you you would get something but you may not have an actual claim. If you post more details, someone may be able to advise.
    • LJBB1998
    • By LJBB1998 13th May 19, 11:45 PM
    • 5 Posts
    • 0 Thanks
    LJBB1998
    • #8
    • 13th May 19, 11:45 PM
    • #8
    • 13th May 19, 11:45 PM
    When my father died in 2009 his estate was worth around 700k and after everything was paid and the house was sold the final estate was around 500k
    • LJBB1998
    • By LJBB1998 13th May 19, 11:46 PM
    • 5 Posts
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    LJBB1998
    • #9
    • 13th May 19, 11:46 PM
    • #9
    • 13th May 19, 11:46 PM
    My dad was the only person who old the house, it was sold after he passed
    • MovingForwards
    • By MovingForwards 14th May 19, 5:46 AM
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    MovingForwards
    https://www.inheritancedisputes.co.uk/news-articles/changes-intestacy-rules-effective-february-2009.html

    Go see a decent solicitor.
    • LinBWales
    • By LinBWales 14th May 19, 10:56 AM
    • 39 Posts
    • 19 Thanks
    LinBWales
    I am confused by you saying that the estate was worth 700,000 and then once everything was paid it was worth 500,000. I suggest you look up the rules for intestacy. Did your father and mother own a house when he died? From my understanding of intestacy (and I have no legal training) it sounds as if there were debts to pay and there was actually only 500,000 in the estate, in which case your mother would have been entitled to 250,000 plus half the remainder so 375,000. The remaining 125,000 would be divided between any children and you suggest you have two step-sisters so if the above is the case you should each have been due 41,700 ish which should have been put in trust for you. I think you really need to see a decent solicitor who will help you recover that money. I am not sure where the 80,000 figures comes from.
    • TBagpuss
    • By TBagpuss 16th May 19, 9:49 AM
    • 7,608 Posts
    • 9,897 Thanks
    TBagpuss
    My reading was tat te £80,000 reflected the fact that the money was not paid when it should have been, when OP turned 8, and presumably also based on the increase in value of the investment property.

    OP, I suspect that you should be looking at registereing a unilateral notice against the property to relfect the fact that you have a beneficial interest in it.

    What did the solicitors you saw do other than sending a single letter to your mum? What are they recommending that you do next?

    Are they speciialists in litigation and contentious probate? If not, you need to talk to someone who is.

    Are you on good erms with your step-sisters? If so, asking them if they can confirm what they received , and when, may be helpful, as it sets a baseline for wht you should have received.
    • AnotherJoe
    • By AnotherJoe 16th May 19, 10:56 AM
    • 16,020 Posts
    • 19,221 Thanks
    AnotherJoe
    I am confused by you saying that the estate was worth 700,000 and then once everything was paid it was worth 500,000. I suggest you look up the rules for intestacy. Did your father and mother own a house when he died? From my understanding of intestacy (and I have no legal training) it sounds as if there were debts to pay and there was actually only 500,000 in the estate, in which case your mother would have been entitled to 250,000 plus half the remainder so 375,000. The remaining 125,000 would be divided between any children and you suggest you have two step-sisters so if the above is the case you should each have been due 41,700 ish which should have been put in trust for you. I think you really need to see a decent solicitor who will help you recover that money. I am not sure where the 80,000 figures comes from.
    Originally posted by LinBWales

    TAX? extra text
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • nom de plume
    • By nom de plume 16th May 19, 12:00 PM
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    nom de plume
    ......you should each have been due 41,700 ish which should have been put in trust for you........
    Originally posted by LinBWales
    This figure appear correct from the info provided which would have been nowhere near sufficient enough to buy a house in Kent IMO. A deposit perhaps.

    .....with my mum receiving half of the estate ......

    I was told by my mother that she used my share of the estate to purchase a house in Kent as a trust property to rent out, while we lived in a rented property in London. ...........


    I managed to get her to sign a contract that gave me an additional 80k after the house was sold as well as my share of the estate, but only after the house was sold.
    Originally posted by LJBB1998


    Given that you were living in rented accommodation, is it perhaps possible your mother used her inheritance plus yours to purchase the house? Is there a mortgage charge on the land registry details?



    How and why did you persuade your mother to agree an EXTRA 80k?
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