Can i buy children out of half the house?

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Comments

  • Karendeakz
    Karendeakz Posts: 27 Forumite
    getmore4less wrote: »
    How did the joint tenancy get severed?

    This could be important

    Who changed the land registry to have the trust?

    I got sent a letter about the tenancy being severed but didn't actually receive it until after he died. I don't know who changed the land registry regarding the trust. I filled a form in after he passed away to take his name off of it and got a letter back saying it was now in my name only but half was held in trust.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    The severing of the joint tenancy may not be valid.

    How long after death did it arrive?

    You really need a solicitor on this.
  • Karendeakz
    Karendeakz Posts: 27 Forumite
    It was around 3 days after he died. He told me he'd done his will on the 7th November and he died on 11th November. I don't know if it has any impact but he wasn't all there mentally at the end, he was delirious for a lot of periods in the last week or two. His mum even told me that she thought he was too ill to be writing a will, which is why his dad arranged it all.
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
    I've been Money Tipped!
    Karendeakz wrote: »
    His mum even told me that she thought he was too ill to be writing a will, which is why his dad arranged it all.

    The more you say, the stronger the stench of RAT becomes!
  • Jenniefour
    Jenniefour Posts: 1,393 Forumite
    First Anniversary First Post Combo Breaker Mortgage-free Glee!
    Agree with paddy's mums comment. OP, please consult a solicitor. I am having trouble seeing how the contents of the will etc. helps you or the children - from where I'm sitting it looks downright unhelpful, bordering on obstruction. I doubt, from what you've said, that that was your husbands intention. Do get the pension situation robustly challenged.
  • Flugelhorn
    Flugelhorn Posts: 5,576 Forumite
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    edited 15 July 2019 at 11:59AM
    There are a number of problems:
    1. Capacity of the deceased to make a valid will (who witnessed it?)
    2. Change of tenancy - again did he have capacity ? Who actually signed the documents?
    3. Rights to see pension documentation - as lawful guardian of the children you need to be able to see what has been done, does not sound as though this is in the children's best interests
    4. Problem re what to do with the house etc
  • Karendeakz
    Karendeakz Posts: 27 Forumite
    http:// tinypic.com/r/24wsksz/9

    Here is a copy of the will, the bits relating to the house.
  • Malthusian
    Malthusian Posts: 10,938 Forumite
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    edited 15 July 2019 at 2:09PM
    Karendeakz wrote: »
    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.

    JustGiving pages don't raise £1,700 if you just leave them there for random passers by to come across.

    If it raised £1,700 the page must have been extensively promoted by your ex FIL - circulated round friends, social media, work colleagues, maybe the published media as well.

    Which means your ex FIL is a fraudster, and a very deliberate one at that. *edit* Correction, a serial fraudster, I only just noticed the bit about the credit card fraud.

    Given that he's already stolen £1,700 from whomever he circulated the JustGiving page to, you should not count on your children ever seeing a penny of any money that ends up in trust for them. Thank Christ the property wasn't in your husband's sole name.

    You certainly should not rush to arrange for you or your partner to buy the half-share from your in laws as trustees. You can't make half a house disappear but cash is another matter.
  • Malthusian
    Malthusian Posts: 10,938 Forumite
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    paddy's_mum wrote: »
    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.

    Pension trustees usually have complete discretion as to who death benefits are paid to. The starting point is the expression of wish signed by the member. However if for the sake of argument the expression of wish names the OP, and they separated after the expression of wish was signed, that would be a strong argument in favour of the trustees disregarding the nomination.

    So putting the money in trust for the children with their grandparents as trustees would make perfect sense from the perspective of the pension trustees. They had no way of knowing that at least one of the trust's trustees is a serial fraudster and the OP apparently hasn't told them.
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
    I've been Money Tipped!
    Sounds more and more as though FiL has been relying on the OP's innocence and lack of legal knowledge to bluff, bluster and bamboozle her, to the detriment of his own grandchildren.

    I take your point about the Pension Trustees perspective but I do wonder how on earth they could have ignored the utterly basic fact of three young children in their calculations!
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