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  • FIRST POST
    archived user
    My Late Mum's Will-Worried My Solicitor might Keep My Money-Please Advise Me.
    • #1
    • 16th Jul 16, 11:56 AM
    My Late Mum's Will-Worried My Solicitor might Keep My Money-Please Advise Me. 16th Jul 16 at 11:56 AM
    My Mother died in November 2015 and I found out that she has left her house to myself and my 2 younger sisters in her will.

    My sisters and my self inherit a third of the house.
    So we each get a third of the money of whatever the house gets sold for.

    My mother left the house to the 3 of us-myself and my sisters.
    But my sisters are executives of the will not me.
    So although I inherit the estate I do not have executive rights.
    So I cannot sell the house or distribute the money because I am not an executor.

    I have got myself a Solicitor because I cannot talk to my sisters because they don't want to know me.

    And I understand that when the house is sold my sisters will send the money from the sale my share of it to my solicitor to give to me.
    Because I think my solicitor has instructed this.
    And I am very worried that my solicitor will keep the money for himself and not give it to me.

    I know this worry seems irrational to some people but I have mental health problems. Which causes me to worry a lot and also my sisters don't want any contact with me. So I cannot talk to them as they have made it clear they don't want to see me.

    But I was told by my solicitor that as a benefictor I have a right to receive the estate and inherit any money from it when sold. Because my mums has left the house to me as well as my 2 sisters.

    It says it cleanly in mums will of which I have a copy my Solicitor got for me. I inherit a third of the house.

    But at that time my sisters who are executives of the will would not sell the house. Because one of my Sisters Sister A was living there and was mum's carer.

    My other sister is married and has her own house but she did not want to sell it either.

    I posted a thread about this a few months ago which explains more-
    http://forums.moneysavingexpert.com/showthread.php?t=5413329

    And I got myself a Solicitor because I cannot talk to my sisters myself because they do not want any contact with me.

    My sisters have now put the house up for sale but that was only a month ago in June.
    My sisters put my mums house up for sale because my solicitor made them. But we did not have to take my sisters to court because my solicitor wrote to them and must have somehow talked them round to selling.

    The reason I am posting this thread is because I am very worried that when the house is sold my solicitor might not tell me and keep my share of the money from the house for himself and not give it to me.

    My Solicitor knows I have mental Health problems and that my sisters don't want any contact with me.
    Because I told him and that's why I got a solicitor.
    Because I cannot approach my sisters myself and my solicitor knows this.

    So I am very worried that when my mum's house does get sold and the money is paid( I think my sisters will send my solicitor the money) out my solicitor might keep my money for himself and not tell me the house has been sold.
    What can I do to avoid this happening.
    Please advise me.
    Last edited by annbarbs; 16-07-2016 at 12:06 PM.
Page 6
    • getmore4less
    • By getmore4less 14th Sep 16, 7:14 PM
    • 37,194 Posts
    • 22,953 Thanks
    getmore4less
    I asked my Solicitor if the estate agent has already given my sisters the money from the house but my sisters have not told us.
    But my Solicitor said that is not possible.
    I hope that's right.
    Originally posted by annbarbs
    The sale will be handled by a conveyancer in many cases a solicitor.

    very unlikely the conveyance will be the estate agents, not sure they can even do it in England and wales.


    The conveyancer handles the transfers it goes nowhere near the estate agents.
  • archived user
    The sale will be handled by a conveyancer in many cases a solicitor.

    very unlikely the conveyance will be the estate agents, not sure they can even do it in England and wales.


    The conveyancer handles the transfers it goes nowhere near the estate agents.
    Originally posted by getmore4less
    Oh. I didn't know that.

    My sisters do have a solicitor but their solicitor is only dealing with the sale of the house NOT my mothers will.

    My sisters who are also the executives of my mothers will are dealing with the will themselves without a Solicitor.
    As the solicitor my sisters have got only deals with the house sale, nothing else.

    I think it's important for me to tell you that.


    But I did try to talk to my sisters solicitor on the phone but they would not speak to me.
    The receptionist refused to let me talk to them and put the phone down on me.

    When I told my solicitor this he said that my sisters solicitors do not have any obligation to speak to me because my sisters are their client not me.

    So my Solicitor has written to my sisters solicitors on my behalf telling them. That when the house is sold they are to hand over my third of the money from the sale to me.

    And he has also told my sisters solicitors that he has taken out a UN1 form preventing the house sale, unless my sisters will confirm that they will hand over my share of the money.

    But my sisters solicitors have not responded to my solicitors letter and neither have my sisters.

    My solicitor said he is waiting to hear from the Land Registry to see if the UN1 application he submitted has been accepted which will put my mum's house on the Land registry.
    Which prevents my sisters selling the house without my Solicitor knowing about it, he said.


    Does that delay the house sale?

    As I was told by the estate agent that the house has found a buyer.

    But does that now mean that the buyer won't be able to buy the house because of the UN1 aplication(if accepted by Land registry?)

    And so will delay the house being sold further?


    If that's the case then that means I won't be getting any money in 3 months and neither will my sisters because the house won't have been sold yet?
  • archived user
    And the thing that is worrying me the most is.
    That I am worried that I will never get my inheritance.
    I am worried that when the house is sold my sisters won't hand my share of the money over and I will end up spending years fighting for it.
    How can I avoid this?

    Since my sisters solicitors won't even speak to me on the phone.
    And my sisters are also executives of the will and I am not.
    I am a beneficiary but not an executive.
    So I have no control over the situation and my sister don't want any contact with me.
    So I cannot do directly to my sisters.
    I have to do it though my Solicitor for this reason.

    So what do I do if it all goes wrong and I don't get my inheritance?
    What action can I take then?
    • Newly retired
    • By Newly retired 15th Sep 16, 6:15 PM
    • 2,429 Posts
    • 2,839 Thanks
    Newly retired
    You should trust your solicitor to work in your interest.
    And try to be patient. House sales can take longer than expected.
    There is no reason to think that the house sale will not take place eventually, and then the estate can be wound up and the shares distributed. Then your solicitor will make sure you get your share.
    • Caroline_a
    • By Caroline_a 15th Sep 16, 8:46 PM
    • 3,901 Posts
    • 10,750 Thanks
    Caroline_a
    I don't know if there's anything else anyone on here can tell you.

    - Selling a house takes at least several months from someone saying they are going to buy it

    - Your solicitor will be acting in your best interests

    - If your sisters don't pay you then you can take them to court and you would probably win

    - It would not be in their interest to not pay you, as their court fees would be high and they would end up with a lot less money

    All you can do is wait and be patient. I am a great believer in 'worst possible scenario'. In your case it would be probably be that the house sale takes many many months. But you are not losing out in that period, the money will come to you, just not as soon. Dont allow the waiting to get to you - it will not help. Maybe use the time to plan what you will do when you move and do some research into the areas where you want to live.
  • archived user
    IMPORTANT UPDATE- Just got an email today from my Solicitor,He says the house has now been sold.
    And my money is ready to be paid to me.


    Here is the letter I got from My Solicitor just now:
    Names have been withheld as this is a public forum but here is the letter I got.

    My Solicitors letter:
    Further to previous correspondence I write to advise that your Mum’s property has been sold. I enclose herewith copy email I had sent to your sister.
    SisterB (name withheld immediately phoned me and said that Sister A (name withheld) is in hospital however, she advised that the distribution will be made in the next 14 days. If this does not happen, I have told them that I will commence proceedings.
    My Solicitor.
    Wow, I cannot believe it!

    Only a few days ago it looked like it could take months and now it seems my money is coming.

    But it's not over yet as my sister still has to pay me my 25k as well as my share of the money from the house which is 95k.
    As the house was sold for 285k.

    But my Solicitor says that some of the money may be kept back in case my mother had debts.
    So I don't know how much I am going to get.

    One important thing is-Once any of that money goes into my bank account and clears.
    I must then tel the DWP, Housing benefit and all of the benefits office I receive my benefits from, that I have got my money.

    The DWP will probably ask me for prof such how I got that money.
    So I will hope my Solicitor will give me a letter or something in writing to take to the DWP, when I go to the benefit office to show them my savings.
    As is always the case when your savings go over 6000 or 16k.
    I will also have to tell my Housing Association, since my HB will stop and I will be paying the rent myself.

    Since at the moment HB pay most of my rent and I just pay 29 a month by Direct Debit and I also pay my small amount of Council Tax by Direct Debit.


    My HA and the Council will only need to make adjustments to my existing DD payments to take the full amount of rent and CT instead of what I pay now.
    They should not need to set up a new DD but I think it depend on the HA?
    Last edited by annbarbs; 16-09-2016 at 5:24 PM.
    • Anthear
    • By Anthear 16th Sep 16, 5:04 PM
    • 107 Posts
    • 103 Thanks
    Anthear
    Hi Annbarbs - selling a house can take between a minimum of 6 weeks to several months. The buyer's solicitor has to apply for 'searches' - this is where they look for information about the property - whether it has had planning permission for anything, where the water supply is etc. This takes as long as it takes and it can be a number of weeks. Don't worry that just because it is taking time you won't get your money.

    Just to give you an idea of timescales, it can take around a year for everything to be sorted with an estate, so I wouldn't be worried yet. There are delays with the tax office at the moment, so it might be that even when the money comes through from the sale of the house, you might be waiting for the tax office (HMRC) to do whatever they need to do (they issue a certificate called a 'Clearance Certificate). Unfortunately nothing can be done to speed this up and it's a case of waiting.

    Please don't stress about it because it's something that you can't control - I know this is easier said than done, believe me!

    I would register with one of the GP practices and explain your Mental Health problems and see how you get on. Don't make a judgement without experiencing the service there yourself.

    Hope this helps, hang in there!
  • archived user
    Hi Annbarbs - selling a house can take between a minimum of 6 weeks to several months. The buyer's solicitor has to apply for 'searches' - this is where they look for information about the property - whether it has had planning permission for anything, where the water supply is etc. This takes as long as it takes and it can be a number of weeks. Don't worry that just because it is taking time you won't get your money.

    Just to give you an idea of timescales, it can take around a year for everything to be sorted with an estate, so I wouldn't be worried yet. There are delays with the tax office at the moment, so it might be that even when the money comes through from the sale of the house, you might be waiting for the tax office (HMRC) to do whatever they need to do (they issue a certificate called a 'Clearance Certificate). Unfortunately nothing can be done to speed this up and it's a case of waiting.

    Please don't stress about it because it's something that you can't control - I know this is easier said than done, believe me!

    I would register with one of the GP practices and explain your Mental Health problems and see how you get on. Don't make a judgement without experiencing the service there yourself.

    Hope this helps, hang in there!
    Originally posted by Anthear
    Hey Wait!

    Did you ready my last post?
    I heard from my Solicitor today and he says that the money from the house is ready to be given to me.
    See my post again:

    IMPORTANT UPDATE- Just got an email today from my Solicitor,He says the house has now been sold.
    And my money is ready to be paid to me.


    Here is the letter I got from My Solicitor just now:
    Names have been withheld as this is a public forum but here is the letter I got.

    My Solicitors letter:
    Further to previous correspondence I write to advise that your Mum’s property has been sold. I enclose herewith copy email I had sent to your sister.
    SisterB (name withheld immediately phoned me and said that Sister A (name withheld) is in hospital however, she advised that the distribution will be made in the next 14 days. If this does not happen, I have told them that I will commence proceedings.
    My Solicitor.
    Last edited by annbarbs; 16-09-2016 at 5:23 PM.
    • Anthear
    • By Anthear 17th Sep 16, 7:14 AM
    • 107 Posts
    • 103 Thanks
    Anthear
    Hi Annbarbs - no, because when I started typing it wasn't there, then when I posted yours was there - you must have finished your post whilst I was still typing. XXX

    Good news!
  • archived user
    IMPORTANT Update-
    House Has Now Been Sold But It Has All Gone Wrong Because My Sisters Bank Won't Let Her Pay Me My Money-

    Well my sister did phone me 2 weeks ago to say she was going to pay me my Inheritance.
    But now I am not going to get it because the executors account is in
    both my sisters names.
    And the other sister who is married has been Sectioned and is in a Psychiatric Hospital.
    And does not have the mental compacity to go to the bank with my other sister to sign for the money.

    So my sister bank have told my sister who is trying to pay me that they won't let my sister do the payment to me unless my other sister can come with her to the bank to sign because the executors account is a joint account.
    And my sisters bank won't budge so I am not going to get my money.
    See my other thread here-
    http://forums.moneysavingexpert.com/showthread.php?t=5535269

    I don't know what to do now.
    Last edited by annbarbs; 03-10-2016 at 5:54 PM.
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