Everything getting on top of me.

[Ames]

Re: Everything getting on top of me.

who are they? Please name the solicitor firm

Irwin Mitchell. Please don't tell me they're terrible...

If they are saying that you don't need a solicitor to deal with the conveyancing then this this is dodgy. Talk to the one you have been recommended to but do NOT leave it.

Theoretically you don't need legal people to handle conveyancing but if you go it alone you will get stitched up. Do they know about transfer deeds, Land Registry procedures, trnasfers of monies at the appropriate time, taxation liabilities. ECP requirements etc. Most of these "licensed conveyancers" who flaunt themselves around get it wrong and you end up with a solicitor to sort out the mess with an even bigger legal bill. At least if they get it wrong then you have a claim against their professional indemnity insurance and the threat of a complaint to the SRA.

Garlok

One of the reasons for selling it to dad is to save money on EA's and solicitors.

I can't believe I've been so naive and let it get this far.

Anyway, now I REALLY have to go lol.

[Ames]

Re: Everything getting on top of me.

Good advice Garlok - Ames, seriously - consider it, you really don't need this so best to sort it properly...

As for DWP - shame, but the only way around it would be drop off the means tested benefits and purchase the house, then live off the non means tested stuff (ie DLA) and when a year has passed you should be fine making a new claim. Would it be ok to only wait a year? I could easily buy a house and live for a year on my inheritance, plus DLA and SDA (not means tested), but if I had to sit out the 6 years that it'd take to live off it at IS and HB levels till it was below 16k then that'd be a big problem.

However, similarly, it may be best to seek proper advice regards to this as well.

Assuming that there are no problems with probate, the Letters of Administration should be granted by the middle to the end of August. You cannot place a notice in the London Gazette before you get control of the estate, so it could be the end of November before the estate could be divided up; the house could, of course, be sold before then.

In a way that's good, it gives me a bit more breathing space.

Really? So your dad and sister are qualified conveyancers are they? they can generate a market value, complete the paperwork and checks, notify land registry etc etc?

Ermmm, no offence but the pair of them really don't have a clue do they?

Nope, not a clue at all. They're just pushing ahead and ignoring my concerns about the legal situation, and things like them putting a new kitchen in, in a house that's not insured. It's total madness.

I've just phoned the solicitors, they're calling me back tomorrow.

Anyway, I've got to go now, I'm meeting my support worker then seeing my GP.

Thanks so much for all the advice.

[garlok]

Re: Everything getting on top of me.

If they are saying that you don't need a solicitor to deal with the conveyancing then this this is dodgy. Talk to the one you have been recommended to but do NOT leave it.

Theoretically you don't need legal people to handle conveyancing but if you go it alone you will get stitched up. Do they know about transfer deeds, Land Registry procedures, trnasfers of monies at the appropriate time, taxation liabilities. ECP requirements etc. Most of these "licensed conveyancers" who flaunt themselves around get it wrong and you end up with a solicitor to sort out the mess with an even bigger legal bill. At least if they get it wrong then you have a claim against their professional indemnity insurance and the threat of a complaint to the SRA.

Garlok

[Never-In-Doubt]

Re: Everything getting on top of me.

I've phoned the solicitor's, theyre calling me back tomorrow.

I can't believe how messy this has all got.

who are they? Please name the solicitor firm

[Ames]

Re: Everything getting on top of me.

I've phoned the solicitor's, theyre calling me back tomorrow.

I can't believe how messy this has all got.

[Never-In-Doubt]

Re: Everything getting on top of me.

Dad and sister say we don't need a solicitor to deal with the house sale because we're selling to dad so it'll be a private sale.

Really? So your dad and sister are qualified conveyancers are they? they can generate a market value, complete the paperwork and checks, notify land registry etc etc?

Ermmm, no offence but the pair of them really don't have a clue do they?

[CleverClogs (RIP)]

Re: Everything getting on top of me.

Assuming that there are no problems with probate, the Letters of Administration should be granted by the middle to the end of August. You cannot place a notice in the London Gazette before you get control of the estate, so it could be the end of November before the estate could be divided up; the house could, of course, be sold before then.

[Never-In-Doubt]

Re: Everything getting on top of me.

Good advice Garlok - Ames, seriously - consider it, you really don't need this so best to sort it properly...

As for DWP - shame, but the only way around it would be drop off the means tested benefits and purchase the house, then live off the non means tested stuff (ie DLA) and when a year has passed you should be fine making a new claim.

However, similarly, it may be best to seek proper advice regards to this as well.

[Ames]

Re: Everything getting on top of me.

DIAL gave me the name of a solicitor that's good with financial stuff, they refer clients to them a lot apparantly. I'll make an appointment with them.

Dad and sister say we don't need a solicitor to deal with the house sale because we're selling to dad so it'll be a private sale.

God this sounds more and more dodgy the more I think about it. Neither of them are prepared to listen to arguments about the law and things though, they're just pushing ahead with their plans totally naively.

[garlok]

Re: Everything getting on top of me.

Oh and by the way you are going to need a solicitor to sell your mother's house anyway to deal with the conveyancing alone let alone the estate issues.

[garlok]

Re: Everything getting on top of me.

Ames, you MUST get a grip of this. Clearly you and your sister cannot agree on the dispoal of your mother's estate, that by definition is a dispute in legal terms.

Most reputable solicitors will give you a 30 minute consultation free of charge and the Law Society will help you find someone. We have had a recent case on here where they have helped enormously. Now, Chancery is a serious matter and a very real issue! If this continues with your family, NONE of you may benefit form the estate at all and you will be left with payment of all costs.

Legal representation means that you will have the services of an "officer of the court" by definition and your father will have no chance to evade giving them the information they need to deal with your mother's affairs. His lack of co-operation may lead to a contempt of court issue in which case he will be forced to either to serve a custodial sentence, pay a hefty fine and still have to give the information requested. It really can get very messy.

I think both you and your sister have to come to some sensible agreement with legal advice, the courts do not like the "vulture" syndrome being brought before them at the moment and it would seem neither of you can afford to allow your mothers estate to be seized by the government and then pay the legal costs of getting it back.

Sorry to be so sharp but you need to understand and/or get help.

Garlok

[Ames]

Re: Everything getting on top of me.

I qualify for free benefits advice, but only for legal aid, which doesn't cover benefits or financial stuff.

I'm gutted about the house. Where I am now doesn't meet my needs - there's damp, no central heating, the kitchen's too small for a perching stool so I can't really use it, I could do wiht a second bedroom so when I'm bad someone can stay to look after me. It's also a long walk to the car, which I can't manage most days so I'm stuck in when I don't have to be (which is bad for my mental illness).

If mum had got round to making a will and put it in trust for me like she'd planned, it wouldn't be a problem.

At least I've got an appointment with my GP this afternoon, I think I need to up my meds, and hopefully she can clear up the diabetes thing.

Maybe I should run a book on what's going to go wrong in my life next... it'd pay the legal fees!

[confused76]

Re: Everything getting on top of me.

Everything's just got a little bit worse.

I've had a text from sister saying I 'didn't listen to what she was saying' so she's 'not going to dignify my email with a reply'.

DIAL have just rung and said there's no way the DWP will let me use my inheritance to buy a house, I'll just have to live off it for a few years till it's gone and then go back on benefits.

oh dear Ames i think you need to take some legal advice...do you qualify for free advice being on benefits? that's a real shame about not being able to buy a house...
x

[Ames]

Re: Everything getting on top of me.

jen is right. Legal representation is probably now a must. You all risk losing it all. You cannot be an executor if there is no will to execute. Your mother has not made known her wishes. You may apply for and obtain what used to be known as "Letters of Administration" to deal with your mother's affairs. However as you claim there will be a dispute with other family members Sorry if I wasn't clear, there'll be no dispute, it's just between me and sister. you may lose the lot and it will all end up in Chancery (i,.e the Treasury will seize your mother's estate). It will then cost you all a fortune in legal fees to benefit from it.

You state your mother and father divorced a long time ago. You will need details of the whole divorce settlement, particualrly dealing with finances and property and you will need to conduct a full Land registry search to establish the EXACT ownership of the property. You may find you are dealing with "A Tenancy in Common" Trust put in place by clever lawyers during the settlement which if drawn up properly will be transferred to any subsequent property your mother or father purchased at a later date. If there is no problem with the divorce settlement then tell your father to poke off and keep his nose out, he has no legal standing whatsoever and DO NOT DISCUSS YOUR MOTHERS AFFAIRS ANY FURTHER WITH HIM. Dad himself is convinced he has no legal right, but I've no chance of seeing the divorce settlement - it was like pulling teeth to get him to let me have the divorce certificate for the probate people And yes I am having to deal with a properly engrossed will in similar circumstances due to a second marriage in which adult children are involved.

Everything's just got a little bit worse.

I've had a text from sister saying I 'didn't listen to what she was saying' so she's 'not going to dignify my email with a reply'.

DIAL have just rung and said there's no way the DWP will let me use my inheritance to buy a house, I'll just have to live off it for a few years till it's gone and then go back on benefits.

[garlok]

Re: Everything getting on top of me.

jen is right. Legal representation is probably now a must. You all risk losing it all. You cannot be an executor if there is no will to execute. Your mother has not made known her wishes. You may apply for and obtain what used to be known as "Letters of Administration" to deal with your mother's affairs. However as you claim there will be a dispute with other family members you may lose the lot and it will all end up in Chancery (i,.e the Treasury will seize your mother's estate). It will then cost you all a fortune in legal fees to benefit from it.

You state your mother and father divorced a long time ago. You will need details of the whole divorce settlement, particualrly dealing with finances and property and you will need to conduct a full Land registry search to establish the EXACT ownership of the property. You may find you are dealing with "A Tenancy in Common" Trust put in place by clever lawyers during the settlement which if drawn up properly will be transferred to any subsequent property your mother or father purchased at a later date. If there is no problem with the divorce settlement then tell your father to poke off and keep his nose out, he has no legal standing whatsoever and DO NOT DISCUSS YOUR MOTHERS AFFAIRS ANY FURTHER WITH HIM. And yes I am having to deal with a properly engrossed will in similar circumstances due to a second marriage in which adult children are involved.