Advice Needed (Regular member, incognito)

[Snarfler]

Edited.

[Snarfler]

double post

[LongBlade]

So: question: does it sound like they knew of mum's real wishes and tried to pull one on me?

Snarfler, I'm sorry to read about your troubles.

Unfortunately it's difficult to judge the actions of people we don't know. Guessing the correct motive of these actions is nearly impossible. People experience grief in different ways. That might (or might not) explain their behavior.

I'm no lawyer but it sounds as if asking the court to get involved is a good thing.

[Greybriar]

Sorry to learn of your problems, Snarfler. Having lost my father in 2004 and my mother in 2013 I can empathize with you on the loss of your parents.

LongBlade's opinion on the matter is most likely correct. I would do whatever my lawyer recommends if I were you.

Good luck!

[Snarfler]

Thanks. What mean is, his doesn't respond like someone who is genuine would. He doesn't even ask to see the statements I have and he could inherit a third of the estate if he were genuine. Doesn't sound right to me. I think I got set up.

[LongBlade]

Thanks. What mean is, his doesn't respond like someone who is genuine would. He doesn't even ask to see the statements I have and he could inherit a third of the estate if he were genuine. Doesn't sound right to me. I think I got set up.

You may be right.

[Jarhead0331]

Its a very unusual situation. Are you sure you have retained the "right" kind of lawyer, who specializes in estate matters? I cannot comment on English law, as I am only licensed to practice in the United States. However, here, in the US, when someone dies without a will, there are intestacy laws that dictate how a person's assets are distributed upon their death. Questions of wishes, duress, coercion, etc. do not come into play where there is no will to contest.

Additionally, in the U.S., at least in the jurisdiction where I practice, real property is typically split evenly between the issue (children) of the decedent who passes "intestate", or without a will. Therefore, typically, you, your brother and sister, would have each inherited an equal share in the property as tenants in common. Furthermore, each individual with an ownership interest in the property would have an absolute right to seek a partition through judicial sale. So, at least in the U.S., your siblings would have a right to force a sale. However, this is usually a worst case scenario as you will never get fair market value at a court run auction where the property will go to the highest bidder. Accordingly, the parties are always better off considering the equities and working out a settlement among themselves involving a buyout, or a private sale.

Sounds like you're in a tough situation. Good luck. 

[Snarfler]

Thanks. Sure, they could force a sale but my lawyer says that since I'm wholly reliant on the house for my mental health, and my mother didn't make adequate provision for me, under UK law that comes under the dependency act and I can challenge an intestacy on that. Plus, they'll have to legally evict me, an agoraphobic, from his home in full view of their friends and our family. Morally, it's a crapstorm. If it goes to court, everything I've listed above will come out and it won't bode well for them.

I already offered them a third each and it was turned down with no reason. My sister has deliberately tried to make it next to impossible for me to purchase their interests. We think it's because she may want it for herself as she is retiring.