Family member moved into a intestate property?

[wales01man]

Re: Family member moved into a intestate property?

From what i understand reading all this is that the probate court have now to decide the legality of the will and any other paperwork have to wonder if a solicitor should be sought with experience of probate matters .im sure Eloise would advise this it seems there is no other way

[Inca]

Re: Family member moved into a intestate property?

I got slung into a quagmire when my FIL passed away (for reasons best left alone) and I sought advice just as you are,I was lucky I landed up with a couple of special ladies on here who let me vent and rant but both gave me the same advice as you have been given,,you have to persuade the family to get proper legal advice before it becomes a fight for nothing,,no winners ,,all losers . (and one of my advisors is posting on this thread so I know it's sound advice).

[redcisse09]

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.

I think im going to have to do this. Am I allowed myself (one of the grandchildren) allowed to speak on their behalf? i.e. explain the facts and seek what to do next (whether they know or not that i'm going).

I have all the relevant documentation.

[Eloise01]

Re: Family member moved into a intestate property?

As I see it, there's already been a free consultation (the OP mentioned this). I disagree though that no solicitor would touch it with a bargepole - someone will because it won't be free work. Just the other day, on my other site, I had to break it gently to someone that the £800+ bill for a few hours work that he had run up was completely wasted (he took it well - he'd already more or less figured out that he was being scammed) by a solicitor whose only advice should have been "nothing has happened, nothing is has been done incorrectly, you are wasting your money", but was actually "we'll make a tribunal claim and you'll win unfair dismissal". It was a fair dismissal (redundancy)! I recall another case of a woman who spent her entire life saving - over £8k - on a solicitor to defend herself against a case of race discrimination - there was no case against her and could never have been!

If there truly is no other way, it will have to be "solicitors at dawn". Someone will take the case. For as long as there is payment or assets...

[redcisse09]

Re: Family member moved into a intestate property?

I got slung into a quagmire when my FIL passed away (for reasons best left alone) and I sought advice just as you are,I was lucky I landed up with a couple of special ladies on here who let me vent and rant but both gave me the same advice as you have been given,,you have to persuade the family to get proper legal advice before it becomes a fight for nothing,,no winners ,,all losers . (and one of my advisors is posting on this thread so I know it's sound advice).

Sound advice I have confidence in everyones comments so far.

Again, thank you everyone so far for you input.

I have learnt alot in the process, Most of all, don't trust "family" and get the bloody will drawn up and finallized whilst your still alive! haha

[redcisse09]

Re: Family member moved into a intestate property?

As I see it, there's already been a free consultation (the OP mentioned this). I disagree though that no solicitor would touch it with a bargepole - someone will because it won't be free work. Just the other day, on my other site, I had to break it gently to someone that the £800+ bill for a few hours work that he had run up was completely wasted (he took it well - he'd already more or less figured out that he was being scammed) by a solicitor whose only advice should have been "nothing has happened, nothing is has been done incorrectly, you are wasting your money", but was actually "we'll make a tribunal claim and you'll win unfair dismissal". It was a fair dismissal (redundancy)! I recall another case of a woman who spent her entire life saving - over £8k - on a solicitor to defend herself against a case of race discrimination - there was no case against her and could never have been!

If there truly is no other way, it will have to be "solicitors at dawn". Someone will take the case. For as long as there is payment or assets...

Time is money.

She did have a crack at a will prior to this too . But that was a HUGE SCAM I don't recall their names but it was two solicitors who were scamming people across the UK, it was in the papers and they now in prison I believe.

[Inca]

Re: Family member moved into a intestate property?

I don't know if your age would be a factor in seeing a solicitor (as in being under 18)??

[Eloise01]

Re: Family member moved into a intestate property?

I don't know if your age would be a factor in seeing a solicitor (as in being under 18)??

A minor can instruct legal opinion, although there are certainly some limitations - what is probably more of a barrier is that legally I don't see this is any of the OP's business! I am not saying that nastily - just observing that they themselves are not party to the dispute - the house is not theirs nor is it bequeathed to them. It'd be like you toddling along to Chambers and saying my best mate/sister/ auntie got sacked, but it wasn't fair....

[Sapphire]

Re: Family member moved into a intestate property?

So in effect its better that the OP sits the rest of the family down (ie the beneficiaries), tells them what he's learned on here and sticks a rocket up their backsides and gets them to see a solicitor before they lose out on it all ?

[Eloise01]

Re: Family member moved into a intestate property?

So in effect its better that the OP sits the rest of the family down (ie the beneficiaries), tells them what he's learned on here and sticks a rocket up their backsides and gets them to see a solicitor before they lose out on it all ?

If there is no other way of resolving this, yes. But they need to understand that it will come at a cost - literally. They cannot sit on it and wait for the magic fairy though. Someone has to do something. Whether that is legally or otherwise. And by that I do not mean taking the law into their own hands - they must either get legal advice or solve the problem by finding a solution.

[redcisse09]

Re: Family member moved into a intestate property?

A minor can instruct legal opinion, although there are certainly some limitations - what is probably more of a barrier is that legally I don't see this is any of the OP's business! I am not saying that nastily - just observing that they themselves are not party to the dispute - the house is not theirs nor is it bequeathed to them. It'd be like you toddling along to Chambers and saying my best mate/sister/ auntie got sacked, but it wasn't fair....

I understanding what your saying. I have played an active role in this because I am seen as the "Brainy" one in the family, and because I study Tort Law at college, they immediately think I Know the law inside out (or so I should). All documentation recived has been forwarded to me, any letters sent to D1's solicitor were written by me but were ammended by D2 and son if they felt they needed changing.

If anything I would describe myself loosely as there "lay advisor" But as I continue to remind them; I'm 17 years old, don't always take what I say for granted. Want actual legal advice? See a solicitor

I'm more than comfortable looking into details for the family as I have proven myself before ( I have defended my Father in court before of "minor" issues in the mags; Council tax, gas warrant of entry acting as his McKenzie friend.

[redcisse09]

Re: Family member moved into a intestate property?

If there is no other way of resolving this, yes. But they need to understand that it will come at a cost - literally. They cannot sit on it and wait for the magic fairy though. Someone has to do something. Whether that is legally or otherwise. And by that I do not mean taking the law into their own hands - they must either get legal advice or solve the problem by finding a solution.

Dealing with it amicably is what our side of the family wants. But now D1 has moved into the property she seems to think she has won (for now) and isn't willing to talk.

[PlanB]

Re: Family member moved into a intestate property?

I've read all this with sadness. Surely the only thing that matters is what did *Nanna* actually want to happen never mind the legal stuff you're all fighting over :fencing: Maybe she did/didn't sign things the correct way or send the cheque in the post to a solicitor in time, but would she really look down from above and enjoy seeing you all squabble over the pickings :argue: She's only been 'gone' three months and it's all kicking off.

I went through the same undignified rows with my brother and sister when my Mum 'went'. I walked away from the battle scene (and gave up on the claim on behalf of my daughter who was left everything in an unsigned Will) because it didn't seem right somehow. My brother and sister didn't speak to me for a decade or two but now we're all getting old we have sorted our differences because one has cancer and the other realized the error of their ways.

Who would be living in the house and paying for it's upkeep with endless maintenance, insurance and council tax bills (empty properties are no longer exempt since April so the 'estate' would have to foot that bill) if it wasn't for Daughter No 1 or No 2 (sorry but I've lost the plot on who is who)? Because maybe having someone in there mowing the lawn is better than having no one in there except squatters or vandals and a house falling into disrepair while you all argue relentlessly for months or even years :yell:

[Sapphire]

Re: Family member moved into a intestate property?

Dealing with it amicably is what our side of the family wants. But now D1 has moved into the property she seems to think she has won (for now) and isn't willing to talk.

You say you are studying law and quite possibly want to enter the profession, well then, treat this as work experience, make out your a trainee barrister and get your case together then put it in front of the judge and jury (the beneficiaries) and make sure you win the case, get them to that solicitor and quick smart.

[redcisse09]

Re: Family member moved into a intestate property?

I've read all this with sadness. Surely the only thing that matters is what did *Nanna* actually want to happen never mind the legal stuff you're all fighting over :fencing: Maybe she did/didn't sign things the correct way or send the cheque in the post to a solicitor in time, but would she really look down from above and enjoy seeing you all squabble over the pickings :argue: She's only been 'gone' three months and it's all kicking off.

I went through the same undignified rows with my brother and sister when my Mum 'went'. I walked away from the battle scene (and gave up on the claim on behalf of my daughter who was left everything in an unsigned Will) because it didn't seem right somehow. My brother and sister didn't speak to me for a decade or two but now we're all getting old we have sorted our differences because one has cancer and the other realized the error of their ways.

Who would be living in the house and paying for it's upkeep with endless maintenance, insurance and council tax bills (empty properties are no longer exempt since April so the 'estate' would have to foot that bill) if it wasn't for Daughter No 1 or No 2 (sorry but I've lost the plot on who is who)? Because maybe having someone in there mowing the lawn is better than having no one in there except squatters or vandals and a house falling into disrepair while you all argue relentlessly for months or even years :yell:

I often wonder sometimes "Is it worth fighting"? Did my Nanna want this? No ofcourse not, this is why were trying to honor her wishes and wanted to divide things via the wishlist.

As for the will it was in a booklet, lots of instructions "Name your executor", list your assests, do you have any property of value you want to gift"? etc. all this was filled in, the cheque wrote out. But when my Grandfather passed away everything was put on hold and it was never sent to the solicitors, and thats when she passed, things were so close to being finalized aswell

Who would be living in the house? One of the grandchildren or it would have been rented out. We just don't feel D1 should be in their because she wasnt talking to her mother ( Nanna) prior to her death or the rest of the family. It was a "family home" and her just taking it, is something we are not happy with.