Genealogy Chat

A minor buried her mum on Tues and the solicitor knocked the girls up this morning and demanded the keys to their mother's home.

The eldest is 21. Their mother owned her own home but took out a fraction on equity release on the property, and now the solicitor is demanding the keys to the property, he turned up first thing this morning with a locksmith to change the locks and kick them out. The 21yr old had just moved into a council property with her young son. The house isn't big enough for her sister to move in, and her young sister wants to remain in her mother's house. The 21yr old is wiling to give up her council property and move back to their mother's home to look after her sister, but the solicitor won't let her. They have only buried thier mum this Tues and he turned up first thing this morning and says they have to leave now. The eldest child doesn't have any other family member but the minor has a father who lives several miles away and the young daughter was to remain in her locality near her sister and friends. Her father is not helping the matter. Their mother was my friend.

Can anyone advise whether this solicitor is acting inappropriately, I think he should give them time to grieve, for goodness sake it was only Tuesday they buried their mum.

Thanks

Their mother was an alcoholic, and her will states the solicitor is also exequtor and trustee of her estate.

Hi Looby Loo,

I have no idea, but this doesn't sound reasonable. Think the girls need to seek their own legal advice, or get themselves to the Local Citizens Advice bureau - also as the younger sister is a minor, they need to speak to a Family Law solicitor about the older sister having a residence for her sister, and the local social services department, to see what support they can have at his awful time. The solicitor being executor and trustee should be acting in the interest of the beneficiaries now, not the company the equity release was with. If he is both, that a conflict of interest surely?

Poor girls, I hope this can work out for them, tell them not to be afraid to approach social services for support, the older sister should have support to care for her sister, and she needs to have parental responsibility, this would be considered private fostering, which means she should be entitled to additional financial support if needed.

good luck, and my condolences on the loss of your friend also.

Don't hand over the keys, until the CAB, girl's own solicitor and Social services are all involved! Get them to a solicitor today.

I don't think the solicitor can do anything at all, until the will has gone to probate? (in his defence, he may not have realised the girls would be there and was just taking steps to secure the property )

Good luck
Rose x

Hi Mamiddau,

thanks, my head is all over the place, and i can't think clearly, or quickly enough for them. I just want to take them in and hug them all the time. I have mu suspicians the father of the minor just wants to see if he can manipulate the situation to get himself a few quid because his daughter is a minor, he's that kind of bloke which doesn't help. Of course his daughter thinks the world of him, but he's never supported her mother at all and it's his fault she became an alcoholic in the first place. I know he didn't force her to drink or anything but he was the cause for it to start in the first place.

Anyway, that off my shoulder, thanks for the advice you've given me, like you I don't think the solicitor is being reasonable, I'd love to give him a piece of my mind.

I've told the eldest to get more free leagal advice, and she has an appointment today, unfortunatley the youngest wants her dad there too. So I've told the eldest to make another one with a different solicitor and I'll go with her. hopefully she does that..

Family Law solicitor / soc services / conflict of interest - great its info like that I need, so thank you, I know I should know these things but with my mind the way it is all foggy I can't think straight.

Thanks again, I will pass it all on, thanks again for your kindness.

Lou

Hi Rose,

Yes the solicitor knew the girls were there. How else could he change the locks if he couldn't get in?

It's too late about the keys as they have had to hand them over by 10am today. They are with the solicitor now. He also told the girls that he wanted to see them alone, which is something else I don't agree with. I would have thought them being so young they should have other representation. But he insister they should go alone. It could be something to do with the father of the youngest causing trouble with the solicitor, but surely he could have said, "another person other than him"

Thanks again Rose. I am seeing them later and will pass on your comments and try to get them to see another solicitor without the minor's father there.

I can't think straight, The will has been seen by the girls, does it automatically go to probate then........what happens?

Thanks, Lou

Sorry to here of your loss and her poor children. The solicitor sounds like he has not got a heart.

Im quite sure that the will only goes to probate after all the benefisheries have signed a form from the solicitor to say that they except the will



Deb

Hi Deb, I didn't realise they had to sign a Will to say they accept it, I don't remember doing that with my parents or father in law.

But if they are asked to sign, then they're better off refusing at this stage untill they can seek better advice from another solicitor. Because if they don't sign they may be able to contest the will on the grounds their mother may have been drunk when she took legal advice and arranged for the solicitor to act on her behalf when she took out the equity and on him being trustee and executor.

Thanks Deb, Regards, Lou

Hi Lou

I just remember my partner having to do that 4 years ago and a friend a couple of weeks ago. In both cases they had to accept the will by signing something then it goes to probate after that. But it is best not to sign straight away as they are both problely not thinking straight at the moment.

Its bad they have been put in this situation so soon after their mum's death. This should be done when they was ready not when the solicitor is ready.

Deb

Looby Loo, I have PMd you. When my mother died though, neither my brother or I had to sign to say we accepted the will.

I had thought that the girls might have a case for contesting the will, but it would be a very difficult claim to prove unless you can get statements from her Dr? Mighttake so long that ultimately might not be in the girls' interests ? Definitely ask a solicitor about it though.

(edited: my mum's will was different though in that no solicitor was involved as executor, nor house, we had a joint ownership of property , it automatically transferred to surviving partner....you need to check whose name is on deeds also...is the fathers?)

Just made a phone call it is not the benefisheries that sign it is the executor's that applies and sign's the form's

Sorry about that as my partner and my friend was Benefisherie and Executor's

All the best

Deb

Hi Deb, thanks very much for that. I didn't think I signed for mum's will, but as you say your mind doesn't work properly at times like that.

I agree with you on the solicitor, you woud have thought he'd have a heart as they are so young.
thanks again, Lou

Hi Rose, will read it now thanks.

Lou

My understanding is that to evict someone you need a court order.
The local council will then have to rehouse.
Regain access and squat.Your local yobbo will tell you how to gain access.

Hi Jim, Thank you very much for that, I didn't realise that they would need a court action to evict them. Great.

Thanks again. Lou

Hi all, Just to let you know I do appreciate all your comments help and advice, and just to let you know I am going to log off now and go and see the girls.

I won't be online for a while, so please don't be offended if I don't reply. It's just that I need to let the girls now the advice I've received already.

Thanks again to you all for giving up your time to respond to a non family history thread. It truly is appreciated and as I say I will log on again later today to reply to you all.

Thanks again, Lou

Looby Lou,

Have PM'd you.

xxx

Hi Looby Loo,

My condolensces to your friends. I would suggest you contact the local Law Society regarding the actions of the solicitor and to ask where the family stand legally. As mentioned by other GR members I would also seek advice from CAB and Social Services. As one of the girls is a minor I would have thought that for the property to be taken from the family there would need a court order.

As pointed out earlier, as executor and trustee, the solicitors role is to act in the interests of the girls and I do not understand his need to deal with the matter as urgently as he is doing.

I hope that with your help this matter is sorted in their favour and as quickly as possible.

Chris

Sorry to hear about this, and hope it gets resolved soon.

Just to confirm, the Beneficiaries of the will have no say in its terms and do not have to agree or disagree. The executors have the right to accept or refuse to act.

Going back to the original post, you mention Equity Release. It sounds to me as though this is the key to the situation and the family need to get this checked out as soon as they can.

In most cases, not necessarily all, which is why it is so important to understand the terms, the property has already been signed over to the Equity Release Company.

The owner of the property is given a lifetime tenancy, but on death, their estate has no further claim, which means, unfortunately, that the family will have to leave at some stage, having no rights to live there. If the property had been mortgaged then it is still in the deceased's name and the executor would have to arrange for existing occupants to leave.

Who is solicitor is acting for? It sound to me as it might be the Equity Release company might be pulling his strings, especially if they are potentially the biggest benefiiary and due to get the house. However, as has been pointed out, his appointment only takes effect once probate has been granted by the court, and till then he has no legal rights to act and seems to be overstepping his authority

I just want to say a huge thank you to everyone who has offered hep and advice. The girls have managed to resolve a few things today. They did not hand over the keys.

Another solicitor's advice is being sought too. They appear to be happier and much calmer. Knowing that people care and are willing to offer advice and help has helped a great deal.

So a huge huge thank you to you all. All the advice, help and comments have helped them a great deal.

I would like to wish you all well and good hunting. Thanks again, Lou

If the house was subject to an Equity Releas payment is it possible that it has gone into negative equity with the fall in property prices ?

In which case it would revert to the company that issued the money

Not that this would excuse the behaviour recounted here !

Whatever the situation a court order for eviction will need to be obtained if the court grants that, then they give a date for the eviction to take place. This is done by court Baliffs. Either way the girls should stay put and not hand over the keys (or anything else) neither should they sign anything.

Most people are scared of solicitors and feel threatened by them hence the bullying tactics.