Family member moved into a intestate property?

[CleverClogs]

Re: Family member moved into a intestate property?

Redcisse you should read *Bleak House*.

That sort of lengthy dispute isn't limited to fiction. I know of one case from my family history which was stuck in the Court of Chancery for some fifty years, just because my great-great-great grandfather had utterly failed to make any provision for one of his mistresses.

[CleverClogs]

Re: Family member moved into a intestate property?

but essentially when D2 applied for probate a caveat was installed By D1+ solicitor (and still remains to this day ) Her solicitor keeps trying to talk to us asking for the will. If the will is "valid" like previous members have mentioned (and I think her solicitor belives it will be valid) we believe that her solicitor is trying to "haggle" with us so she gets the property because if the will is valid then she isnt getting the property.

It does rather sound as if they are playing at Silly Buggers.

However, why did D2 ask for the will to be proved rather than the appointed executor?

[Sapphire]

Re: Family member moved into a intestate property?

After reading all of this and of course other experiences I have heard, I am so glad that I'm an only child, everything my parents had came to me and I didn't have anyone to argue about it with.
On the downside I didn't have a sibling to cry with either.

[redcisse09]

Re: Family member moved into a intestate property?

Here a letter her solicitor sent us

Dear X

YOUR LATE MOTHERS ESTATE

our client advises us that there have been some constructive discussions between you as a result of which is a provisional agreement has been reached as to the transfer of * ***** (Property) into the sole name of our client in consideration for her talking on responsibility for the mortgage releasing all liabilities in relation to the caravan and refunding payments to D2 to the mortgage account on * ****** (Property) since its acquisition.

We further understand the house is now empty and that you have objection to our client taking up occupation in anticipation of completing the arrangements.

we would be pleased to hear from you or any solicitor you have instructed to deal with the affairs of the estate with confirmation of the terms of settlement. an appropriate agreement can then be prepared to confirm the arrangement's with a view to the caveat we have registered being withdrawn and a grant of probate being issued to allow the estate to be administered.

The mention of the caravan is D1 and D2 jointly own a caravan witch is rented out she would give the sole ownership to D2. However their has been no mention of a deal at all so we promptly replied to her solicitor saying this and we object to her taking up residency.

[Eloise01]

Re: Family member moved into a intestate property?

What about mediation services in the local area? Alot of them are free or low cost. I know that there's alot of history here, and believe me, I have a family and am not impervious to the kind of crap that goes on! I am also, however, a lawyer - not the right kind to help you, but as I observed to a friend on the site earlier, if I had wanted to make a mint in easy money, this was exactly the kind of law to go in for! Your family are enmeshed in a dispute that is far beyond legal. It is personal. And this sort of dispute will go beyond all rational boundaries. It already has. And I doubt your grandmother would approve of that either!

[redcisse09]

Re: Family member moved into a intestate property?

After reading all of this and of course other experiences I have heard, I am so glad that I'm an only child, everything my parents had came to me and I didn't have anyone to argue about it with.
On the downside I didn't have a sibling to cry with either.

Ha! The funny thing is i'm only 17 years old. A college student studying Tort Law. For better or for worse im not a only child. That is the only reason im dragged into this because its 1/ family 2/ free/ 3/ experience.

All of this is frustrating, I used to want to work as a solicitor but sod that! Too much paperwork!

But you learn from you mistakes my mother and father are soon sorting their own wills to prevent this Bulls*** from happening in the future.

[redcisse09]

Re: Family member moved into a intestate property?

It does rather sound as if they are playing at Silly Buggers.

However, why did D2 ask for the will to be proved rather than the appointed executor?

I don't understand.

[redcisse09]

Re: Family member moved into a intestate property?

What about mediation services in the local area? Alot of them are free or low cost. I know that there's alot of history here, and believe me, I have a family and am not impervious to the kind of crap that goes on! I am also, however, a lawyer - not the right kind to help you, but as I observed to a friend on the site earlier, if I had wanted to make a mint in easy money, this was exactly the kind of law to go in for! Your family are enmeshed in a dispute that is far beyond legal. It is personal. And this sort of dispute will go beyond all rational boundaries. It already has. And I doubt your grandmother would approve of that either!

Its pathetic really, She is probably turning in her grave. My Grandfather Passed away in November and my Nanna in January. D1 has made no effort to help in any situation. D2's side of the family just wanted to fulfill her "wishes": divide the estate between her 3 children and provided jewellery and other items to her grandchildren.
:
EDIT: I, and the rest of the family just want her out of my Nanna's house, (in my opinion) as it stands she has no right to be in that property or to change the locks.

[redcisse09]

Re: Family member moved into a intestate property?

Do you think it will be worth applying for a Interim possession order? D1 seems to fit the description of a squatter in my eyes.

[Sapphire]

Re: Family member moved into a intestate property?

I think you can try anything and everything, but what I really recommend you do is get yourselves a solicitor, explain everything and let them fight on your behalf, sometimes doing it yourself is not always the best way.

[Inca]

Re: Family member moved into a intestate property?

Gawd Almighty,,,and I thought my family was complicated...yours make mine seem like the Waltons (and yes,,there are loads of us). Something or someone is going to have to take the higher ground and try and sort this mess out ...either that or can I apply to be your solicitor?

[redcisse09]

Re: Family member moved into a intestate property?

Gawd Almighty,,,and I thought my family was complicated...yours make mine seem like the Waltons (and yes,,there are loads of us). Something or someone is going to have to take the higher ground and try and sort this mess out ...either that or can I apply to be your solicitor?

Our family has never been the talkative types always fighting we used to all live in Unison on the same Block (Daughter 1 NEIGHBOR Son NEIGHBOR Daughter 2) but family arguments caused everyone to fight. If its not son and D2 against D1. Its D2 and D1 against son and vica versa.

that or can I apply to be your solicitor?

I don't think a solicitor would even touch it with a barge pole. Way to much sh** to swim through.

[Sapphire]

Re: Family member moved into a intestate property?

I don't think a solicitor would even touch it with a barge pole. Way to much sh** to swim through.[/QUOTE]

You won't know till you ask.

[redcisse09]

Re: Family member moved into a intestate property?

I don't think a solicitor would even touch it with a barge pole. Way to much sh** to swim through.

You won't know till you ask.[/QUOTE]

I think its about time we got one but my Dad. ( The son ) and auntie (D2) don't want to get one. They much prefer watching her having to constantly see her solicitor; pay for parking, pay for the solicitors time.. etc They believe "Nanna" would't want it to happen like this and have avoided legal advice to respect her and to stop the estate being lost in legal fees. I felt the same at first but if D1 is able to do a she pleases (moving in the property) then we need solicitors to stop her.

[Sapphire]

Re: Family member moved into a intestate property?

Get yourself a free consultation, find out what you need etc then talk to the rest of the family, explain to them its either that or lose everything and that would be against your nans wishes.