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Geek Culture / Made homeless with intestacy law? UK 'will and inheritance' Law help?

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fallen one
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Posted: 3rd Jan 2013 13:59 Edited at: 3rd Jan 2013 19:25
My mother died recently, though she said left everything to me, it looks like she didn't make a will, now I have to deal with the fact with what looks like her only real asset, the flat she owned I have lived in for 19 years may have intestacy law applying to it so 'potentially' my sister could make me homeless, plus I have my mothers unscrupulous partner (not married) trying to become executor (which legally he has no right) so he could try and make problems, he would like to claim funeral costs, which originally my family offered to pay, he then demanded he was, changed everything that was arranged, then put on a free bar for his cronies at the after funeral reception, of course his plan was to behind our backs con executor status and claim it against mums only asset, my home. He has also been trying to get the property valued so he can inform inheritance tax, and saddle me with tax costs, of course the property is far to low in value to ever have that apply. So thanks mum, you have left me with a lot of problems. Just as I was getting on my feet, and what little money I saved I could finally start making decent video games, I now have the potential problem of my home, and my savings being threatened by potential legal costs.

I'm trying to reduce potential legal costs, can anyone recommend web sites, or services, I tried a forum, and you can get general advice, but I think I need more specific answers. Can anyone recommend anywhere, perhaps there are services one can use. I could go to a local solicitor, but I need to be sure of everything first as I'm sure our local solicitors would love raking up the costs as my savings dwindle.


baxslash
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Posted: 3rd Jan 2013 17:10
You could try the FSA: http://www.fsa.gov.uk/

This link looks pretty good too: http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/wills.htm

...and maybe this one: http://www.hmrc.gov.uk/inheritancetax/index.htm

Hope you find a solution fallen one and don't live up to your forum name keep us posted as I'm sure there are people here with experience that will help!


this.mess = abs(sin(times#))
Chris Tate
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Posted: 3rd Jan 2013 17:49
There's not much I could do or say; just keep focused and obtain as much legal advice as you possibly can from the right sources. And keep us posted as Baxslash stated!

Green Gandalf
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Posted: 3rd Jan 2013 19:39 Edited at: 3rd Jan 2013 19:45
You could try the Probate Office. We found their information helpful when my mother died - and you'll need to deal with that office at some stage anyway.

Edit Here's a relevant link:

www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation

It sounds like you need to get qualified legal advice sooner rather than later. I doubt you'd be charged much for an initial consultation and you'll have a clearer idea of what you need or can afford to do after that.

You could also try your local Citizen's Advice centre. They can offer free advice on how to get started with something like this - but my guess is that they will suggest you get decent legal advice from a reputable firm of local solicitors. That would certainly be my advice.
Phaelax
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Posted: 3rd Jan 2013 19:45
I'm unfamiliar with UK laws and my lawyer friends probably wouldn't be much help in this case either. I've dealt with similar issues recently when my father passed a few months ago and I was staying at his condo.

The flat, is this just like an apartment or is it something your mother owned?

"You're not going crazy. You're going sane in a crazy world!" ~Tick
fallen one
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Posted: 3rd Jan 2013 20:48 Edited at: 3rd Jan 2013 20:49
Quote: "The flat, is this just like an apartment or is it something your mother owned?"

Yes a flat is similar to an apartment, she owned it, I lived in it.

My sister said when my mother first died, and without knowing about there not being a will, that its right I should keep the flat, but, you never know how they might change their mind once they know legally they are allowed a stake, when her farther died (we have same mother, different fathers) she inherited 50k GBP. She quit her job and two years later had spent the lot. So its a cause of concern. Mum not leaving a will makes things very difficult, if you have to fight a sibling it means you may have to bring things up (some legal) that should be left, it can get very nasty, and you can find yourself having to legally make decisions you may not of liked to do to defend yourself. Of course the deceased dont have that to worry about.

Its amazing how things come up in light of a death, you see people how they really are, I knew my mums partner was an awful man, but I didn't know how low, I couldn't grieve because he kept phoning me, which I believe was to enjoy hearing my upset while faking concern, Id also written mum a letter to put in her coffin, and he went down to the undertakers multiple times searching the coffin mum was lay in, the undertaker had to ban him and my letter had to be secretly given to the undertaker to put into mums hand as he sealed it. He tried so many cons to get it, imagine that, you want to steal the farewell letter from the son for his dead mother.

This is what your dealing with in life, you see the good people and the bad people, testing situations really show people in their true light.


Phaelax
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Posted: 3rd Jan 2013 20:56
That's where you confuse me. Since over here you don't own apartments, only rent/lease them.

As far as I can tell, that guy has 0 legal grounds for anything. If he was living in the same flat, he might be able to argue what property was his. I practically have nothing from my dad because I still had to return to the army and had to leave everything in the hands of a untrustworthy sibling. It really sucks what you're having to deal with, I been there.

"You're not going crazy. You're going sane in a crazy world!" ~Tick
BatVink
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Posted: 3rd Jan 2013 21:07
You may be eligible for Legal Aid.

Good luck, and try not to let your feelings rule your decisions.

The Wilderbeast
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Posted: 3rd Jan 2013 22:09
Try giving Reddit a go, there's lots of kind and knowledgeable users there. Perhaps http://www.reddit.com/r/legaladvice this subreddit.

WLGfx
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Posted: 3rd Jan 2013 23:07 Edited at: 3rd Jan 2013 23:08
My sister had a similar problem a few years back when she lost her father. Her father was living with his partner on and off, not married and they tried everything to hide the fact that he had died from her as she was the only living relative left to him. Fortunately a neighbour of my mothers told my mother and instantly got in touch with my sister. Once my sister contacted the solicitor she was immediately made executor of his estate, wasn't much but it helped her out. If my sister didn't find out until too late then she would have lost everything. The law was on her side as soon as contact was made. Her father and his partner had been together for many years but because they were not married it made every difference.

The same should be for your case, the oldest closest living relative will automatically be made executor of the estate, an un-married partner is discounted. I hope this is true for you too...

Mental arithmetic? Me? (That's for computers) I can't subtract a fart from a plate of beans!
Warning! May contain Nuts!
MrValentine
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Posted: 4th Jan 2013 13:55
Quote: "steal the farewell letter from the son for his dead mother."


That is below low...

Quote: "only rent/lease them."


What? oh well no different than Denmark then...

Quote: "an un-married partner is discounted"


I hope for his sake this is true...

@ fallen one - I do hope the swing takes your side soon... My Solicitor/Lawyer sister just took her holiday for her birthday... I will try to ask her for any advice she may have and see if she can get some help from within her circles when she returns... information at the least... no promises, but I cannot accept a forum friend taking a hit...

Keep us informed, and follow out all above mentioned advice...

I am sure I speak for everyone on here, We wish you the very best of luck...

And Sorry for your loss...

Matty H
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Posted: 4th Jan 2013 16:04
I would think it would be wise to come to a fair arrangement with your sister, perhaps you could pay her rent for half of the property, or sell it and give her half the money, then rent/buy somewhere else?

Even if your sister has at one time agreed you should keep the whole property, this does not make it right and she may realise this at some point and want her share. IMO you should not let this happen and offer her a fair deal right now.

Then you are both on the same side and you can fight the boyfriend together, I would think his rights would be pretty minimal in this situation, but I'm not sure.

You are right that you sometimes see different sides to people when a lot of money is at stake, I have been through something similar and it was a horrible time for me and my wife.

Good luck.

fallen one
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Posted: 5th Jan 2013 18:53 Edited at: 6th Jan 2013 08:39
I've sent an email to a local solicitor, so Ill have to take things from there.
If my sister didn't honor mums wishes then she would be banished by the family so I'm hoping she does the right thing. She did have 50k GBP from her deceased farther (we have different fathers), (she took two years off work and spent it all), its not like she hasn't had hers. The only assets mum had was the small flat I live in. If it does have to be contested I am wondering if the fact mums address is listed as the same address as the flat makes a difference, as it would make it look like I am a dependable which might effect intestacy law.

What I can tell you here is that experiences like this really mar the memory you have of someone, it ruins how you might see the deceased, they die twice, once physically, then again when you question their character, which makes it true death because even the memory and the history of them can have a death.


Green Gandalf
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Posted: 5th Jan 2013 22:23
I hope that when all this is resolved you will come to remember the good times. They might not be foremost in your thoughts at this point but they will return in time.
Matty H
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Posted: 5th Jan 2013 23:47
I hope your sister sees it that way and you get some security with your living situation. Good luck and I'm sorry for your loss.

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