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Family Home Dispute

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  • Family Home Dispute

    Hi there,

    Hope someone can shed some light on this.

    My brother who is Executor to my father Will will gain half share of my father home of which I live in and and me, the other share. I wish to buy my brother out and have stated this several time since my father passed near two years ago. Half the property is in my mothers name who left the property so 20+ years ago. She is now put in a court order to evict myself, two children age 6 & 7 and my husband all because my brother has dragged his feet on handling of the Estate,due to lack of communication and putting his needs first (demand for rent). The court order is now in my brothers hands to sign for my eviction.
    I have had solicitors on to my brother due to lack of communication but they deviated from the path of what I instructed them to do and now looking at getting back my money.
    Questions
    1. Can my brother obtain rent as an Executor/beneficiary? He has not finalised the Will nor communicated with other beneficiaries and probate was obtained 1 year ago. No rental agreement existed when my father was alive and all house hold bills/overheads etc were paid by me.
    2. Can my mother evict us? My father divorced her through separation as she did not want to divorce him although she has left the property some year prior
    3. Ancillary relief was not dealt with at the end of the divorce due to the costs my ill father, at the time, would have to endure.

    Thanks for your help
    Tags: None

  • #2
    Re: Family Home Dispute

    Hi Judgeam

    What a horrible situation! - I'm so sorry.

    It does look so complicated that the only route is to seek/continue with specialized professional advice.

    I can't answer your questions, but since you are seeking opinions I would say that it appears, on the face of it, that your father left property that wasn't entirely his to leave - ie not having made any settlement with your mother. It also looks to me as if your brother is not being totally transparent and fair.

    You urgently need a good lawyer who specializes in this area, IMVHO.

    There are others on here with more in-depth knowledge and I hope that one of them will be able to offer more practical help.

    Comment


    • #3
      Re: Family Home Dispute

      As suggested by MissFM, seek professional advice, and quickly.

      Comment


      • #4
        Re: Family Home Dispute

        As above.......legal advice soon as possible

        Comment


        • #5
          Re: Family Home Dispute

          Thank you MissFM,

          Yes, I really do need a GOOD lawyer who care enough about this case and not about the £ sign. I have a very knowledgeable neighbor in the legal field but unfortunately not qualified as a solicitor as this world requires.

          Comment


          • #6
            Re: Family Home Dispute

            Thanks Golden Retriever

            Comment


            • #7
              Re: Family Home Dispute

              Originally posted by MissFM View Post
              Hi Judgeam

              What a horrible situation! - I'm so sorry.

              It does look so complicated that the only route is to seek/continue with specialized professional advice.

              I can't answer your questions, but since you are seeking opinions I would say that it appears, on the face of it, that your father left property that wasn't entirely his to leave - ie not having made any settlement with your mother. It also looks to me as if your brother is not being totally transparent and fair.

              You urgently need a good lawyer who specializes in this area, IMVHO.

              There are others on here with more in-depth knowledge and I hope that one of them will be able to offer more practical help.
              What does IMVHO stand for?????

              Comment


              • #8
                Re: Family Home Dispute

                In My Very Honest Opinion

                Comment


                • #9
                  Re: Family Home Dispute

                  Whooooops! Thought it was Humble :tinysmile_aha_t: x

                  Comment


                  • #10
                    Re: Family Home Dispute

                    Originally posted by Judgeam View Post
                    Thank you MissFM,

                    Yes, I really do need a GOOD lawyer who care enough about this case and not about the £ sign. I have a very knowledgeable neighbor in the legal field but unfortunately not qualified as a solicitor as this world requires.

                    Have you tried http://www.nationalprobonocentre.org.uk/ ?

                    One thing that really cuts down unnecessary legal costs it to do all the hoof work - meticulously - yourself, before giving it to the solicitor. Get everything typed up - timelines, events - in an easy to read and understand format that concentrates on FACTS (keep the emotion out of it and keep it strictly accurate ie no speculation or commentary). Have all the corroborating paperwork and evidence neatly to hand.

                    Maybe your knowledgeable neighbour can help you do this? (assuming the neighbour really is knowledgeable - not meaning to be rude but there are more people who think they are than actually are....and it's very important that you get this right).

                    Comment


                    • #11
                      Re: Family Home Dispute

                      Another possibility for legal advice and representation (in view of the threat of eviction) is Shelter http://www.shelter.org.uk/

                      Comment


                      • #12
                        Re: Family Home Dispute

                        Originally posted by MissFM View Post
                        Or even the National Pro-bono Centre - http://www.nationalprobonocentre.org.uk/ - for that matter? :grin:

                        Comment


                        • #13
                          Re: Family Home Dispute

                          It may be Humble MissFM,,,,,,,I just presumed it meant Honest msl:

                          Comment


                          • #14
                            Re: Family Home Dispute

                            Originally posted by CleverClogs View Post
                            Or even the National Pro-bono Centre - http://www.nationalprobonocentre.org.uk/ - for that matter? :grin:
                            That's exactly what I meant - why did my link go so badly aaaarrrrrgggghhhhh

                            Comment


                            • #15
                              Re: Family Home Dispute

                              Originally posted by MissFM View Post
                              That's exactly what I meant - why did my link go so badly aaaarrrrrgggghhhhh
                              At a guess, it looks like the [bold] tags around "probono" prevented the link being parsed correctly.

                              Comment

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