So far off topic you may not be able to see it..

[DerekJ]

Hi All

First off, thank the Gods I’m not involved in this, just a distant relative and have no connection to the estate.

Here’s the situation…

Married couple (married for more than ten years) then the  wife dies.

She had been married before and had a house and kids, she met a new bloke and they got married. On her death, she has left a will saying that the estate should be split equally between the husband and all three children.

The four of them (husband and three adult kids) are now executors of the will. One of the children wants the house sold, husband to move out and is laying claim to one quarter of the whole estate. The other three want to keep the house, let the husband live there (paying rent) and maybe sell it at some point in the future. None of the three can afford to buy the house on their own.

I think that the one acting alone is wrong. I think that the husband should be entitled to a fraction of the estate in his own right (one third or one half, I don’t know) and that the will should only apply to the remainder of the estate.  I also think that he has some claim to live at the property as it’s his home.

As I said, I have no involvement in this other than as a relative, but just feel that one of the four is trying to bully the others into settling early and grabbing too much.

Mrs DerekJ and I have tried to get the three to go to a solicitor but they are reluctant as the don't want to upset the family.

Jeez, families…..who’s have them?

Anyone got an opinion?

Thanks

DerekJ

[Terry Everall]

30 min free advice at citizens advice bureau

[DerekJ]

30 min free advice at citizens advice bureau

I've told them....I've told them....I've told them....I've told them....!!!

I just want to kick them in the  and get them moving.

Thanks for the advice though!

[Guest]

From my own experience, given a situation as you have described, the aim of not upsetting someone is not achievable.  These guys want different things and they cannot all be successful.

Horrible situation but it is possible that the husband has some legal protection, in possession.  

Legal advice is the only way.

[cliveboy8]

First of all my advice would be "don't get involved" but thats easy to say. I don't know how close your relationship is.

I am not 100% certain I have got his right but I think you are referring to the house with the second husband. Surely it depends on ownership of this property - was it in joint names or was it in the woman's own name.

If it is in joint names I think the "kids" have no right to sell the house.

If it was owned in the woman's sole name then things could be different.

Would not suggest Citizens Advice, would suggest a proper solicitor to sort it out but it sounds very much like they don't want to take advice and do it themselves.

I just feel so thankful that when my partner passed on last year there were no problems as I had a good relationship with her children.

[jeff oakley]

In a case like this a soliciter is the only way. It does depend on what the exact wording of the will is and status of the husbands claim. What is for certain is that this will take some sorting out and not getting sucked in to taking sides is best course for you

[mark.anson]

In a case like this a soliciter is the only way. It does depend on what the exact wording of the will is and status of the husbands claim. What is for certain is that this will take some sorting out and not getting sucked in to taking sides is best course for you

I aqree. Fro my own personal experience I was at first reluctant to go to a solicitor believing it would cost a fortune. ......It did.... but it also saved me even more in inheritance tax, etc etc etc and a lot of stress in the long run. If there is a potetial dispute then its the only way......Unfortunatley.

[DerekJ]

Thanks Guys,

As always, sound advice on this forum whatever the topic.

Cheers

DerekJ

[markcoopers]

Rock paper scissors

[housebeautician]

My mum died and left house to the six kids.

one of them caused untold aggro.

Its called contencious probate.

It took 5 solicitors and 1 barrister,six years, 75,000 quid and the part distruction of a close family.

It aint worth the stress, grief, worry, and aggro.

And i can tell you that solicitors dont help.

Do yourself a favour derek, keep OUT of it. Just nod in the right places.

I hope its sorted amicably.

[Lurksalot]

between the lines I reckon the lady was doing the right thing ,as her husband was not the father she didn't want him to have the inheritance as he in turn may have written her children from his will. So 4 equal shares seems good.

Can the 3 others not raise the capital to buy out the third son ? I would have thought that would solve the issue , odd son gets his quarter, the other 3 get thirds of the house (even if part mortgaged ) , the rental income pays off the mortgage , then they can sell it and split the proceeds at their leisure .

It would need legally formalising , solicitors etc , but provided there was agreement the costs shouldn't be scary, solicitors make the big money from disputes.

[Blatman]

I agree with Lurksy. The three who want to stay buy out the 4th who relinquishes title claim to the property.

QUOTE

Horrible situation but it is possible that the husband has some legal protection, in possession.

Are you thinking about possession being 9/10th's of the law? If so, I was told that there is no such thing...

[Norman Verona]

Does anyone think the child that wants the house sold and proceeds split is correct. I can see that he/she may be.

Either that or the husband should raise a mortgage to pay the one child and pay rent to the other two.

After all their mother left them 3/4 of her estate. Why shouldn't they benefit from it now.

[Captain Colonial]

It always amazes me that whenever people try to "do the right thing" and leave something behind for their loved ones after they die, the "loved ones" turn into vultures.  Just human nature, I guess.

Although I've made a very straight forward and clear will, I plan to make it absolutely useless by spending the lot before I die.  My ambition is to be cremated at the expensive of the state.  However, I have left several thousand back for a huge boozy party, and to have my ashes put into a aerial firework so I can go out with a bang and rain down on everyone at the end of said party (attendees to be given raffle ticket, winner gets to set off the firework).  I have written my own eulogy about how wonderful I was and how lucky everyone was to know me, mainly because I don't trust anyone else to do the job, but have allowed 20 minutes afterwards for rebuttal (may not be enough time, though).  Yeah, I'm an organised kind of guy.

[DanB]

I think that the one acting alone is wrong. I think that the husband should be entitled to a fraction of the estate in his own right (one third or one half, I don’t know) and that the will should only apply to the remainder of the estate.  I also think that he has some claim to live at the property as it’s his home.

Nope, there is in this country no automatic entitlement to any share of an estate if a Will has been left (it's different on intestacy where there is no Will).  If the husband has been left a quarter of the estate in the Will, a quarter of the estate he gets.  The house forms part of the estate, assuming it was in her name alone.

The husband might have a claim under the Inheritance (Provision for Family and Dependents) Act 1975 if he can claim that the Will does not make 'reasonable provision' for his financial needs.  Bringing that claim would require an application to court, however, which could (as has been pointed out here) get expensive, messy and unpleasant.