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Hi
Our mum passed away in January this year, During the past 20 years, first me, then other siblings were helping our mum look after a property, rental income and some savings ( total saving of less then 20k ). I kept all mums money in her controll and in her bank when i was helping her ( 1990s-2010 ) when my other sibling took over .
The other sibling , decided to 'look after her money and assets by putting them in his bank and trans-fairing assets into his name ' Cough, cough , He also did a false will, hand written and he got random people to sign as witnesses . she had a will prior to this that shared her assets between us all
He then declared that mum had given him all her assets to look after until she died, but had given him the house just for him
The rest of us didn't know this until a few years ago, when he slipped up and said what he had done. Social services were involved and they interviewed our mum separate from all of us, were our mum stated he was just looking after her assets, she had not given him anything. Mum was of sound mind at this point * she passed a number of tests to check *, We redid her a will with a local solicitor that again, split her assets.
Social services asked us if we wanted to proceed through police, we declined at the time, and asked him to put things right. He ignored our requests, and the rest of us concentrated on looking after our mum, who got dementia a few years after, and passed away in January.
We are now at the stage of attempting to gather our mum assets to split them, and need to address the property,rental income and savings.
Were in the process of asking him to declare what assets he has of mums and trans-fair them over to my sister ( whose executor ) and we expect a bit of a fight of him.
The assets he holds are
1 house worth approx 70k ( he told our mum he had put in a trust, but just transfaird into his name )
2. rent from that house minus repairs and costs since 2010 ( we are allowing for half the income as costs )
3. Some savings, shares and bonds that we think he cashed in in 2016 but we have evidence of
We are serving a recorded letter on him next week asking him for the assets ( understanding he will fight ) and asking him to negotiate and agree whats to come back. We are being very generous in our claim from him and there is other actions hes done, that make us think he will have to negotiate to not expose them/his actions
So here is the question.
What is the process through court if he doesn't agree to relinquish mum assets to the executor , is there any reading we can do on this type matter
Our mum passed away in January this year, During the past 20 years, first me, then other siblings were helping our mum look after a property, rental income and some savings ( total saving of less then 20k ). I kept all mums money in her controll and in her bank when i was helping her ( 1990s-2010 ) when my other sibling took over .
The other sibling , decided to 'look after her money and assets by putting them in his bank and trans-fairing assets into his name ' Cough, cough , He also did a false will, hand written and he got random people to sign as witnesses . she had a will prior to this that shared her assets between us all
He then declared that mum had given him all her assets to look after until she died, but had given him the house just for him
The rest of us didn't know this until a few years ago, when he slipped up and said what he had done. Social services were involved and they interviewed our mum separate from all of us, were our mum stated he was just looking after her assets, she had not given him anything. Mum was of sound mind at this point * she passed a number of tests to check *, We redid her a will with a local solicitor that again, split her assets.
Social services asked us if we wanted to proceed through police, we declined at the time, and asked him to put things right. He ignored our requests, and the rest of us concentrated on looking after our mum, who got dementia a few years after, and passed away in January.
We are now at the stage of attempting to gather our mum assets to split them, and need to address the property,rental income and savings.
Were in the process of asking him to declare what assets he has of mums and trans-fair them over to my sister ( whose executor ) and we expect a bit of a fight of him.
The assets he holds are
1 house worth approx 70k ( he told our mum he had put in a trust, but just transfaird into his name )
2. rent from that house minus repairs and costs since 2010 ( we are allowing for half the income as costs )
3. Some savings, shares and bonds that we think he cashed in in 2016 but we have evidence of
We are serving a recorded letter on him next week asking him for the assets ( understanding he will fight ) and asking him to negotiate and agree whats to come back. We are being very generous in our claim from him and there is other actions hes done, that make us think he will have to negotiate to not expose them/his actions
So here is the question.
What is the process through court if he doesn't agree to relinquish mum assets to the executor , is there any reading we can do on this type matter