Mother in law demanding money back after gift

[Neverwin1]

First post here hope it is clear and easy to understand.

my father died of cancer last year and was given a large pay out from his work. When he was alive before he got his pay out we helped him with his finances and decorated his house so it would be comfortable for when he arrived back home. My dad borrowed me some money to pay off a few debts which we paid him back every month for 12 months until he passed away.we still owed money when he passed but my mother in law sent me a signed letter telling us she didn't want the money back and to distribute it between my brother and sister as a gift because she has inherited his entire estate so I did just that . Now she has sent a letter from a solicitor demanding all the money back even some money that was given as a gift off my dad , basically every penny dad put into my account. Nothing was signed but we did pay it back until his passing. Not sure where we stand now as she told us to forget it but now is going back on her letter. Does the letter prove she give it up or do we have to find the money to pay it back . She was left everything of my dad's including a lot of money but it doesn't seem enough for her. Thanks in advance for any info given.

[Amethyst]

Has your dads estate been finalised ? It may be she wasn't in a position to 'write off' the debt ( the 'debt' would be owed to your dads estate until everything was dealt with ) and the probate solicitor is driving this request for repayment ?... have you spoken with her about it at all ?

[Neverwin1]

Hi thank you for your reply .

We have no contact with her and paid out my brother and sister with the proceeds of our house sale as because of her aggressive nature we had to move home away from her for our own sanity. We no longer have any money to give back to my dad's estate as it has been used as per her letter to us. We don't think it has gone to probate and the solicitor letter does not mention probate at all just that so much was transferred to us and so much has been paid back leaving so much outstanding. We have tried to move on with our life and haven't heard off her for nearly a full year . She has caused so much pain in our life we just want to be left alone. What would happen if a judge says we still owe the estate and disregards her letter to us . We do not have any spare money to give back. Thanks for your help it's much appreciated.

[Neverwin1]

Sorry it is my step mother not mother in law

[ostell]

So send the solicitor a copy of that letter saying that the money is not required to be repaid and tell them that it has been spent.

[Neverwin1]

We will do just that but we want it to come from our solicitor so she knows we are taking it seriously. Can she still drag us through the courts even if we have a good defence thanks for your input much appreciated.

[ostell]

She can still take you to court but if you have that letter stating that the money was gifted to you then she would be on a sticky wicket.

Don't bother with the expense of a solicitor at the moment, just send a letter to her solicitor with a copy of that letter and deny any debt exists, If there are further problems then perhaps you need to engage the services of a solicitor.

[Neverwin1]

Would it be ok for me to send a letter to the solicitors stating that we have written evidence from their client waving the debt off . Or should I just send the letter as proof straight away. Also would it look better if we instructed a solicitor to show we are serious about defending ourselves . Thanks again

[meellis]

Don't send them the letter as proof just send a copy and keep a record of the letter and details sent. Don't go into too much detail but briefly outline the reason why there Is no debt, with the proof (copy of the letter) and that if any further action would be taken then it would be seriously defended. As I say don't go into too much so there is nothing that could be taken out of context and used against you if it does go further.

[Neverwin1]

Thank you so much for your replies. Just very scared that if she ever did win in court she could take our house off us that we have worked so hard so get over the years. It's so cruel.

[Neverwin1]

Just a thought. The money was transferred into my account not a joint account so does that mean she can only sue me and not my husband so anything in my husband's name ie the house as tenants in common in the mortgage, she cannot go after. If that's the case we could also change my car now before court papers are issued . Am I right in thinking this . Merry Xmas .

[meellis]

There is a long time before court, which would probably never happen anyway, so enjoy Christmas and relax. In the new year do as stated and take each step as it goes but if she has any sense she will not take it further.

[Neverwin1]

We will try thanks again . She has no sense at all just greed and spiteful.