LarryUK Posted December 11, 2010 Share Posted December 11, 2010 Do we have a solicitor on here? I though I'd post this in case anyone else has this problem. My ex mother in law died in march. She left me 5k in her will. Then all the rest goes to my ex and her sister. She left about 40k cash + the house. My ex is the executor and they split the cash between themselves and I was told I'd get mine when the house is sold. They've had two offers that they've turned down and my son has moved in to the house now. Before I take legal advice. Are there any views? Link to comment Share on other sites More sharing options...
damian Posted December 11, 2010 Share Posted December 11, 2010 YES; I study law........You need to talk to attorneys now...not just one attorney, but many....piece together the info that they tell you....Do this now, time is not on your side at all.. Thats all I SHOULD say.......Don't trust family or ex family when money or wills are concerned.......Talk to attorneys ASAP.......They (your ex ) have lawyers, you need one today...... I don't study law in regards to wills, so, not my field of knowledge to help... ( Its good that your son is in the house.) Link to comment Share on other sites More sharing options...
damian Posted December 11, 2010 Share Posted December 11, 2010 You should have recieved the money already from the cash.......They are playing a shell game.....Be careful.... U.K. laws are different, but the basics you are facing are similar......British estate and tax laws are unique.... Link to comment Share on other sites More sharing options...
LarryUK Posted December 11, 2010 Author Share Posted December 11, 2010 I haven't spoken to a soliciter yet. I've looked up things online. I'm the only beneficiary apart from the daughters. People that I've spoken to say that the 'minor' beneficiaries Should be paid first. But I don't get a look in. It annoys me that one of them has bought a car for 13k and my ex took my sons to Ibiza and gave them 2k each. There has been talk of my son taking a long term rent on the house (his mom charges him to live there!). Link to comment Share on other sites More sharing options...
NeoConMan Posted December 11, 2010 Share Posted December 11, 2010 Pay for local legal counsel. You should be able to get a quick consultation fairly cheap, and then another for comparison as Damian says. Time is your enemy, apathy emboldens them. If you were named in a will, they need to be able to legally demonstrate why it was not adhered to - to a judge. Link to comment Share on other sites More sharing options...
Rocky4 Posted December 11, 2010 Share Posted December 11, 2010 A will doesn't mean much. Your name must be listed as a benny on the actual policy or account. Link to comment Share on other sites More sharing options...
retrosurfer1959 Posted December 11, 2010 Share Posted December 11, 2010 Keep in mind what it cost to fight it though, I had a grandparent die and left all the three children equal shares, two of the sibling's fought over the will so badly that the attorney's actually ended up with the majority of the proceeds. Thank god my mother opted out and just told them to do what they thought was fair or felt they needed to. They gave her some cash and belongings and in the end she probably got more than either of the others. Even worse it destroyed the family and they haven't spoken now in years. Link to comment Share on other sites More sharing options...
brundaddy Posted December 12, 2010 Share Posted December 12, 2010 Talk to a lawyer asap, don't ask the advice of random internet schmucks. Link to comment Share on other sites More sharing options...
brundaddy Posted December 12, 2010 Share Posted December 12, 2010 Does that make me the pot or the kettle? Link to comment Share on other sites More sharing options...
retrosurfer1959 Posted December 12, 2010 Share Posted December 12, 2010 Isn't the point to that saying is that it doesn't matter which. Link to comment Share on other sites More sharing options...
Versatile Posted December 12, 2010 Share Posted December 12, 2010 Hi Las Frustrating situation...not a direct relative, and not an enormous amount either An executor can do what they like within reason Not worth sweating over Certainly not worth lining a legal-eagle's pocket over V Link to comment Share on other sites More sharing options...
ChanMan Posted December 12, 2010 Share Posted December 12, 2010 Frankly, no one in the US who is unfamiliar with Brittish Law can give any worthwhile advice other than to seek the advice of a solicitor. The law is funny in that many people know the "connotation", but few know the adjudication. I wish you the best of luck. My daughter was the recipient of 5k from her sperm-donor's mom when she died (I hesitate to use father, as that involves participation in her life). It went up his nose and she never saw a nickle. Just the way it went, and there was no real legal options available to us. Make sure nothing you do negatively impacts your children, and again, Good Luck sir! Link to comment Share on other sites More sharing options...
TommyK Posted December 13, 2010 Share Posted December 13, 2010 The executrix did not perform her fiduciary duty. If the house was left to the ladies, then your share of the estate should not be dependent upon it's sale. The fact that a relative has moved into the house tells me the executrix intends to not pay you for a long, long time. Approach the lawyer from whom you received notice of your inheritance. Let him know that if you don't see the 5K toot sweet, his client will have a BIG problem. Seems like the 'ex' is trying to get in another dig and at the same time puting herself in legal jeopardy. For 5K, see if small claims is a way to go. Otherwise, you should press fraud charges. This could cost her, not only the 5K, but possibly court costs, a hefty fine and jail time. I would definitely let the ex know that what she is doing is a criminal act and she would be best to cough up the money before she lands in the clink... through the will's lawyer's office, if possible. Be sure to do this before she has time to spend her 20K... if she hasn't already. If not, you may be able to attach her personal assets. No, not the rental house but her home and or vehicles. That should probably get her attention. If your ex's net worth is small, you may end up owning a piece of the rental house, and may not see the money for some time, but you'll probably need a judge to assign you some portion of the value of the only asset left, the house. Or, you could put a lien on the house so that when it is sold you can be there with your hand out before title can be transferred. (I am not a lawyer, just a student of life and am only offering a personal opinion and not legal advice.) Link to comment Share on other sites More sharing options...
ChanMan Posted December 13, 2010 Share Posted December 13, 2010 Again... the MOST important thing you need to see in any post is "I am a solicitor in the UK and am familiar with inheritance law". Anything else is opinion and conjecture, no matter how strongly worded. Link to comment Share on other sites More sharing options...
damian Posted December 13, 2010 Share Posted December 13, 2010 TommyK, even though you are not a solicitor in the UK and are not familiar with inheritance law; Your advice is MOST excellent.......and was asked for... [thumbup] ....... Link to comment Share on other sites More sharing options...
djroge1 Posted December 13, 2010 Share Posted December 13, 2010 Opinion here: If you think that 5k is worth the effort then get legal advice and as others mentioned soon. If you think it will place a wall between you and your son then you need to decide if it is worth it. For me, the family relations come first but everyone is different. Link to comment Share on other sites More sharing options...
ChanMan Posted December 13, 2010 Share Posted December 13, 2010 Opinion here: If you think that 5k is worth the effort then get legal advice and as others mentioned soon. If you think it will place a wall between you and your son then you need to decide if it is worth it. For me, the family relations come first but everyone is different. This! Link to comment Share on other sites More sharing options...
LarryUK Posted December 13, 2010 Author Share Posted December 13, 2010 A wall between my son and me? The Berlin wall is a wood fence compared to what's there now. I'll tell you all the reason for my divorce. I was married for 21 years and about 18 of those were almost sexless! She went off 'IT' after having the kids and wouldn't go for councilling etc. I ended up having an affair and naturally it all came out (never dream that it won't. It always does in the end). So. My kids have always taken her side. I wish I'd left her years ago. But that's done and you can't go back. They won't accept my side and we do nothing but argue. I've been divorced for about 9 years now and I still get grief off them. I love them and I'd die for them...But I hate them as people. They're selfish, nasty, deceiving people. Just like their mother. Nothing was stated about the seperation of money in the will. It was just 5k to me and the rest to them. I'm trying to find which solicitor they used as I've not seen the will or heard from a solicitor. Just my ex. Link to comment Share on other sites More sharing options...
damian Posted December 13, 2010 Share Posted December 13, 2010 Having heard that, I like TommyK's advice even more.... Link to comment Share on other sites More sharing options...
ChanMan Posted December 13, 2010 Share Posted December 13, 2010 Consult with your own solicitor ASAP, then, and if he thinks you have a solid case, he will take the ball and run with it. Sorry to hear about what sounds like a horrible marriage. Excellent advice on the affair, though. Good luck man, and let us know what happens! Link to comment Share on other sites More sharing options...
NeoConMan Posted December 13, 2010 Share Posted December 13, 2010 If you think it will place a wall between you and your son then you need to decide if it is worth it. Opinion here: Rolling over and accepting whatever abuse others choose to heap upon you is a mistake. Being taken advantage of (and assuredly bragged about by them) only lowers your worth even further in everyone's eyes. That group hates you anyway, so what's the harm in standing your ground and pissing them off? They can be mad all they want - for being forced to do the right thing. For me, the idea that family relations come first ended with her conduct. You can only hit what's pitched to you, and she's big on curveballs. There's no shame in seeking what's right and just, and it should be an important lesson for your kids to learn. Ya want them thinking they can get away with this kinda sh!t in their own lives? If they do, their mother has already crippled them and you're better off without them around. Tough love, and cold, hard fact. Get a couple consultations with different lawyers, see what your options are. If you can, knock every single pitch she can muster clear outta the ballpark. Sooner or later, she will cut her losses and avoid any further tangles with you. Until then, you will continue to get screwed. And remember - it can always get worse.... Everyone is different, but some things about human nature never change. Link to comment Share on other sites More sharing options...
ChanMan Posted December 13, 2010 Share Posted December 13, 2010 Opinion here: Rolling over and accepting whatever abuse others choose to heap upon you is a mistake. Being taken advantage of (and assuredly bragged about by them) only lowers your worth even further in everyone's eyes. That group hates you anyway, so what's the harm in standing your ground and pissing them off? They can be mad all they want - for being forced to do the right thing. For me, the idea that family relations come first ended with her conduct. You can only hit what's pitched to you, and she's big on curveballs. There's no shame in seeking what's right and just, and it should be an important lesson for your kids to learn. Ya want them thinking they can get away with this kinda sh!t in their own lives? If they do, their mother has already crippled them and you're better off without them around. Tough love, and cold, hard fact. Get a couple consultations with different lawyers, see what your options are. If you can, knock every single pitch she can muster clear outta the ballpark. Sooner or later, she will cut her losses and avoid any further tangles with you. Until then, you will continue to get screwed. And remember - it can always get worse.... Everyone is different, but some things about human nature never change. Excellent points Neo. I agree 100%, especially with the multiple consultations. Link to comment Share on other sites More sharing options...
TommyK Posted December 13, 2010 Share Posted December 13, 2010 A wall between my son and me? The Berlin wall is a wood fence compared to what's there now. I'll tell you all the reason for my divorce. I was married for 21 years and about 18 of those were almost sexless! She went off 'IT' after having the kids and wouldn't go for councilling etc. I ended up having an affair and naturally it all came out (never dream that it won't. It always does in the end). So. My kids have always taken her side. I wish I'd left her years ago. But that's done and you can't go back. They won't accept my side and we do nothing but argue. I've been divorced for about 9 years now and I still get grief off them. I love them and I'd die for them...But I hate them as people. They're selfish, nasty, deceiving people. Just like their mother. Nothing was stated about the seperation of money in the will. It was just 5k to me and the rest to them. I'm trying to find which solicitor they used as I've not seen the will or heard from a solicitor. Just my ex. If the solicitor didn't contact you about the will, who did? Some municipalities, county clerks office, may have copies of wills. Somewhere it has to be recorded, especially since it's been probated. Certainly there was separation of the money. 5K to you, the rest divided between the daughters. While 5K is a significant amount of money, it isn't life changing. Do you really need the money? If not, let sleeping mongrels lie. But, at a minimum, I'd put a lien on the house... just because. I don't know about the UK, but a lien can be put upon a property for a nominal fee to the county clerk's office. When it sells you'll be notified. If you have sufficient documentation of being owed the money, you can get your due, otherwise you can just remove the lien and let it drop. Apart from the money, sometime, re-connect with your son. Explain what happened to your marriage, man to man, and let him make the next move. You owe it to him and yourself. Certainly must have p***ed her off that Mom left you money. The old girl must have seen something in you she liked. Link to comment Share on other sites More sharing options...
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