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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Hi, I lent my parents some money a few years ago to help with

Customer Question

Hi, I lent my parents some money a few years ago to help with a property they purchased. On his death bed my father told my sister the money had to be re-payed. My mother is in a care home and their property is being sold. What do I have to do to get my money back?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Do you have proof of the loan and how much was it for?
Customer: replied 3 years ago.

No i dont have any proof, it was £13000, for some solicitors fees windows carpets etc

Customer: replied 3 years ago.

I have no proof but it was £13000. it was to help towards solicitors, windows carpets etc

Expert:  Stuart J replied 3 years ago.




I
have been asked to look at this for you.

So where does the figure of £13k come from?

You
will be entitled to get this from the estate.



Is
your sister disputing that this money is owed?



How
many beneficiaries are there?



Customer: replied 3 years ago.

I think it came from my bank account, my sister is not disputing it but as she has power of attorney she said i need something from a solicitor. As my mother is alive she is the beneficiary.

Expert:  Stuart J replied 3 years ago.

Who is selling the property?

Does mother agree and is she mentally capable?

Do you have proof from the bank statemnt?

What does she want from the solicitor exactly?

Customer: replied 3 years ago.

My Mums selling the property as she is in a care home and needs the funds to pay for it. She is mentally capable, I dont have proof from a bank statement, and my sister said the solicitor said I need something legal

Expert:  Stuart J replied 3 years ago.


I am really struggling here,
so it's not surprising that you are struggling too.

I cannot think what your
sister wants from your solicitor.



For a moment, let me assume
that your sister does not at all mind giving you the £13,000 which could be the
case.



There is a potential problem
that any money which is out of the norm given to you, either by your mother or
by your sister would be subject to being subject to care fees (if all the other
money was spent apart from your mother's last £23,000) unless you can prove
that this was a genuine debt and not a simple transfer to you, of money, to
avoid it going towards care fees.



It might be worth asking if that
is what the solicitor wants the proof for. If it is not that, and I can tell
you that there is no reason why, if your sister believes that you are owed this
money, she cannot simply let you have it.



However, your mother is
mentally capable and all your mother needs to say to your sister is "pay her
£13,000 because we owe it to her in respect of X Y and Z". Try to have someone
else in the care home present at the time who can vouch to what your mother
said to prevent any problems with the council later.



Can I help further?





Please bear with me today because I will be online and
off-line.

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