Legal advice required

LeoN88

LeoN88

LeoN88

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Hi,

Can anyone give me any advice?
My partners father passed away a few years ago. Their mother remarried. In october the mother passed away. Two years ago, the stepfather left the family home, and approx 8 weeks previous to this, he managed to get his name put on the house deeds. Their mother was an alcoholic leading up to the stepfathers departure and until her death last year.

Any wills made during their father's time are now not valid since her re-marriage. Due to many debts and re-mortgaging during her time with her second husband, the family home needs to be sold and this is happening at the moment. My partner's brother is splitting his time between the family home and his girlfriend.

Yesterday the stepfather got access to the house and has changed the locks. The brother can now not get into the house that contains his and my partners belongings.

Less than 2 weeks ago my partner and i met the stepfather and he verbally agreed that all money sold from the house would go to pay off the mortgage, debts and any outstanding remaining to go to my partner and their brother.

Can anyone give me any advice on the following:
- what action can the brother take to get into the house, to live there again until it is sold, and to access his belongings?
- should they take legal action against the stepfather?
- what rights do they have?

Thanks,
Leon
 
Disgusting property and probate law. These are complicated issues and whilst your post may be longer than many that appear on the forums there's a massive amount of detail that hasn't been included, such that even someone who knows what they are talking about wouldn't be able to help.

My experience in this field is limited but your brother would be probably want to be applying to a court for an injunction to be allowed back into the property... that should tell you that you ought to go and speak to a solicitor and get proper, professional advice.
 
[TW]Fox;18559878 said:
This is far too complex for an internet forum to answer. You need to seek professional legal advice.
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yes it is, but anyway, I would have thought the step father can do what he wants unless you have a legally binding agreement that says otherwise or you can prove that the mother was coerced into changing the will.

I suspect you have the right to have your belongings returned, but if he decides not to return them then you'll have to get some sort of court order.
 
From what happend to my Mother in law, her father had a will saying everything went to them, he remarried, didnt change the will and then died and the new wife got everything.
 
I'd go and seek legal advice, make sure the firm has a specialist in family law & probate etc... this really can make a difference, arrange an initial appointment and take absolutley anything and everything you can find...

Then get ready for a lengthy and drawn out process, that will most likely be expensive and may not end well!
 
LeoN88 said:
- what rights do they have?
Click to expand...

There was a Radio4 Moneybox Live about wills quite recently.

http://news.bbc.co.uk/1/hi/programmes/moneybox/9136838.stm There may be something at least partially useful to you that half hour phone-in, if only by way of broadening your knowledge of the problems for future discussions.

There was also a Gerry Robinson series on BBC2 recently which showed just how problematic this kind of thing can be. But I can't find it on iPlayer.

Your partner obviously need proper advice though. These things can be horribly complicated, and cruel, unless there was some kind of trust set up by the mother to ensure her children didn't lose out.

Given the circumstances, that seems unlikely. Good luck.

Andrew McP
 
Disclaimer: seek professional help, it's a must with matters of this nature and most firms will provide half hour free advice or charge around £60ish, my past firm did just ring around.

In the mean time... just a rough idea:

Has the brother made any contributions to the house ie payments on up-keep or repairs etc. His he registered on electoral roll?

If he's made payments then he may have rights under equity law and seek proceeds from sale of house.

Would the house be sold as a result of court action from the creditors' ? If so, the courts may give the brother some time to reside there until he sorts him self out.
 
wouldnt the mortgage be covered by life insurance, all other non-secured debts dont count in death

i think you need a solicitor asap!
 
Hikari Kisugi said:
Do debts 'die' with a persons estate, or can ones decendants be expected to pay off debts, if the estate doesn't cover said debts?
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A creditor can only persue the estate itself, not the executors. If the estate is insolvent - generally that is that.

Although many asset holders will never formally 'write off' a debt, as if funds are found to be available at a later date - they will have no right to make claim.
 
I'll try to have a word with one of the Solicitors at work tomorrow.

Will PM you if they can help!

D
 
taintedlove69 said:
Has the brother made any contributions to the house ie payments on up-keep or repairs etc. His he registered on electoral roll?

If he's made payments then he may have rights under equity law and seek proceeds from sale of house.

Would the house be sold as a result of court action from the creditors' ? If so, the courts may give the brother some time to reside there until he sorts him self out.
Click to expand...

No rental contributions were made to his mother, the house is not being sold as a result of court action. Because of her alcoholism they were not cross-insured on the mortgage so the house needs to be sold as the stepfather cannot afford to maintain the payments.

taintedlove69 said:
Thats why I asked if the creditors' have started court action. More importantly whose debt is it? Is the father just selling to settle the debts?

Loads of questions, need moarrrrrr info
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The mortgage now belongs to the stepfather because she couldnt be cross-insured

Pez said:
A creditor can only persue the estate itself, not the executors. If the estate is insolvent - generally that is that.

Although many asset holders will never formally 'write off' a debt, as if funds are found to be available at a later date - they will have no right to make claim.
Click to expand...

There are numerous other debts including credit cards that have sent numerous letters letting them know that they are keen to receive payment to clear the debts.

Thanks for the replies!! :)
 
you need a solicitor imo, as the credit card companies can write all they want but if the estate is insolvent as it sounds there isnt any assets as the house belongs to the mortgage company, they wont get anything, id just lol at their letters and dont worry about it, they will try but they cant come after decedents
 
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