beneficiary of a will and sale of property

[tracyx483]

hi, hope some one can help, not sure what i can do about this situation, 15 yrs ago my dad passed, he left a wife and has 3 children from a previous marriage, in his will he stated that his wife can live there for as long as she wished, when she sells or dies, the property is to be sold and divided four ways equally. we three kids tried to get a trust set up however she( wife) refused to sign, she has now decided to sell, which is great news for us three, however im not sure if all her intentions are honorable, we three kids have no trust written up, yet she now saying that we are trustees, i feel confused by her actions. the property is still in my fathers name, we never really sought proper legal advise as we believed that she (wife) would do the right thing, she due to move out at the end of march leaving the property empty, its on the market for sale, shes telling us that we will be liable for any debts on the property even down to the utilities, also leaving the property uninsured. she built a small extension on the side of the house 10yrs ago, we are concerned that she will demand more money to cover the cost of the extension from the sale of the house

1) what are our rights as a beneficiary
2) are we trustees
3)can she bill us or the estate
4)who is liable
5)HELP
i do hope some one can point me in the right direction

[MissFM]

Re: beneficiary of a will and sale of property

Hello Tracy - I am so sorry that you are having such a hard time. It does look to me that it would be best to consult a solicitor as your situation is not simple. There are many here with complex life experiences, and many legally trained so maybe someone will pop up with the expertise you need.

[CleverClogs]

Re: beneficiary of a will and sale of property

The cheapest and most certain way to resolve this would be to pay someone to shoot her.

[MissFM]

Re: beneficiary of a will and sale of property

The cheapest and most certain way to resolve this would be to pay someone to shoot her.

Not so sure that would be either cheap or certain - and wouldn't it be against the law?

[CleverClogs]

Re: beneficiary of a will and sale of property

Not so sure that would be either cheap or certain - and wouldn't it be against the law?

Well, there is that...

[tracyx483]

Re: beneficiary of a will and sale of property

thanks, i am new to site and still finding my way round, im sure your right about a solicitor and am awaiting a call back

[CleverClogs]

Re: beneficiary of a will and sale of property

I'm not even sure that the house is her property to sell.

If the house had been the sole property of her deceased husband and the only disposition of the house was to allow her a lifetime interest in the property or to reside there until she died of loneliness and bitterness, then no title to the house would have passed to her.

[CleverClogs]

Re: beneficiary of a will and sale of property

im sure your right about a solicitor and am awaiting a call back

A solicitor would, of course, be most helpful when the Evil Witch is found dead... :rofl:

[MissFM]

Re: beneficiary of a will and sale of property

Quite right CC - it depends on the terms of the will. Still not sure the OP has the legal right to bump her off though?

[tracyx483]

Re: beneficiary of a will and sale of property

dad was happy for her to live in the house,when its sold its split 4 ways

[enquirer]

Re: beneficiary of a will and sale of property

... in his will he stated that his wife can live there for as long as she wished, when she sells or dies, the property is to be sold and divided four ways equally.

A Trust automatically came into existence (a 'trust arising').

... we three kids tried to get a trust set up however she( wife) refused to sign,

This was your first warning.

we three kids have no trust written up, yet she now saying that we are trustees

In this sort of situation, the executors usually become the trustees. Key question: Who were they?

... the property is still in my fathers name ...

That's a serious error - it should have been transferred into the Trustees names. Consider contacting the Land Registry at once to put a caution on the land.

we never really sought proper legal advise as we believed that she (wife) would do the right thing, she due to move out at the end of march leaving the property empty, its on the market for sale, shes telling us that we will be liable for any debts on the property even down to the utilities, also leaving the property uninsured. she built a small extension on the side of the house 10yrs ago, we are concerned that she will demand more money to cover the cost of the extension from the sale of the house

She is liable for the council tax and utility bills. The rest is a mess, some of which will certainly be down to her personally, and possibly some to the Trustees.

... im not sure if all her intentions are honorable ...

On the basis of what you have said, it's quite clear that they aren't. Act accordingly.

1) what are our rights as a beneficiary

Your rights are as per the will. What powers you possess will depend on whether or not you are a trustee.

You have a lot of serious trouble coming at you very fast. Furthermore, it looks as if she is shaping up to do a runner with the money. Get a solicitor on this NOW. Not tomorrow, TODAY. Make sure you use the phrase 'time is of the essence'.

[CleverClogs]

Re: beneficiary of a will and sale of property

im not sure if all her intentions are honorable

Why do you believe that any of her intentions might be honourable?

By the way, how did she murder your father? :tinysmile_aha_t:

[wales01man]

Re: beneficiary of a will and sale of property

A chat with a solicitor is needed now action should be taken sooner than later the solicitors cost can be divided 3 ways im sure as all 3 of you have an interest

[tracyx483]

Re: beneficiary of a will and sale of property

hi,thank you for your advice, we are awaiting a letter from her which will hope fully state her intentions, in answer to your question, who are the trustees the wife is the executor and we three children are named in the will. does this mean we are trustees?
we did contact the land registry and put a caution on
she claiming that as the house still in my fathers name utilities come out of the estate, is this correct?

[MissFM]

Re: beneficiary of a will and sale of property

When someone dies, all their assets are frozen; it is not possible for a dead person to own property. It's then up to the executors to prove the will and make the distribution to the beneficiaries after all costs are met. I believe it is also possible to remove an executor (especially if they have not fulfilled their responsibilities properly).

You really do need a specialist solicitor, Tracy, soonest.