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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33538
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I wish to collect a debt from my mothers estate. She passed

Resolved Question:

I wish to collect a debt from my mother's estate. She passed away on May 30, 2011.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has probate of the estate been Granted?
have you notified the executor of the debt?
Clare
Customer: replied 2 years ago.

I was mailed a Will & Testament signed by my paralyzed mother while in hospital. What is in the Will does not reflect what she promised to us 3 children. But, my first concern is repayment of a debt incurred and owed and promised to me by my mother. I mailed this bill to the solicitor KKLAW in Hemel Hempstead. This bill was also mailed to brother Geoffrey (in Hemel) a while back which has been ignored.

Customer: replied 2 years ago.

awaiting your response. Please send via [email protected]

Expert:  Clare replied 2 years ago.
Hi
Has Probate been obtained and who is the Executor of the Will?
Clare
Customer: replied 2 years ago.

The Executors: XXXXX XXXXX, KK Law,XXXXX, Hemel Hempstead, HP1 1EG.


Their ref: RGW/6257.1.BEA


 


Received - Assets &Receipts


Residue - to be confirmed


Will & Testament - dated November 25, 2004.

Customer: replied 2 years ago.

If you can send me your fax # XXXXX will fax the pages I received from KK Law.

Expert:  Clare replied 2 years ago.
Hi
Excellent
What evidence do you have of the debt - what was it for?
Clare
Customer: replied 2 years ago.

My mother kept a log book listing amounts of IOU's.


The last 6 months in Rangoon, Burma supporting my parents, & two brothers. Dad lost his job and they were penniless. All of their fares to London. From 1961 to 1962 (14 months) in London, rent, food, utilities etc., for parents & two brothers (15 & 10 yrs).


If you don't have a fax # XXXXX send me your address.

Expert:  Clare replied 2 years ago.
Hi
I am sorry this is a debt which you say dates back 50 years is that correct?
Why did you not take steps to recover the debt whilst your mother was alive?
Clare
Customer: replied 2 years ago.

I told her to pay it back when she died. I sent the bill, a while back, to both brother Geoffrey and his ex Pat thinking this would be addressed in her will. They are both fully aware that I took care of the family finacially. All four siblings also know of this bill. I have come to realize that this Will was done under duress while my mother was scared of Geoffrey.He has a violent criminal record in Hemel.

Expert:  Clare replied 2 years ago.
Hi
How much are you trying to claim?
Clare
Customer: replied 2 years ago.

Hi Clare - Total in dollars = $11,500.00


" Pounds = 4,200 pounds.


I have over looked a lot of other costs borrowed from my parents. My parents were penniless for approximately 14 months. I got my family out of Burma when the military took over and were shooting none nationals. In New Malden, I left them with enough money prior to my departure to the US. I can't understand why Geoffrey has forgotten this. I think it is ex-wife Pat who is very greedy. There are other things in that Will that do not reflect my mother's wishes. Which I intend to pursue later. thank you, joan.

Expert:  Clare replied 2 years ago.
Hi
When did your mother last acknowledge the debt?
Clare
Customer: replied 2 years ago.

I was attending my high school reunion in England 2001 when she acknowledged that she owed me this money. Along with 10,000 pounds for each child in her savings account. She was bed ridden and mentioned it again. It was always the same, it can wait. She visited the US and Canada in 2011 and shortly thereafter she had her 'bleed' on Nov. 9, 2011.

Expert:  Clare replied 2 years ago.
Hi
So the last time it was discussed was in 2001?
Clare
Customer: replied 2 years ago.

Hi - she had her bleed Nov. 9, 2002. I visited her June 23, 2001; Nov 11, 2002; Aug. 2, 2003; May 7, 2006. Each time she mentioned this debt.


 

Expert:  Clare replied 2 years ago.
Hi
Do you have any independent evidence of that?
Clare
Customer: replied 2 years ago.

Good morning - No. Other than Frances and Granville. She was not inclined to discuss money matters in Geoffrey's presence. But he was fully aware that mother intended to repay this debt. She not only did not want him to know how much money she had but she was also scared of him, even before her disability.

Expert:  Clare replied 2 years ago.
Hi
Would your other siblings confirm that they were aware that this "debt" still needed repayment?
Clare
Customer: replied 2 years ago.

Good morning. I have contacted them and awaiting their response. Unfortunately the one aunt in the UK that was aware of all my affairs has passed away. My parents were very ashamed to tell relatives that they borrowed money from their daughter. There are some cousins and nieces who I will contact.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that unless you have independent evidence that your mother acknowledged the debt within the last six years before her death then it is no longer enforceable.
You should write again to the solicitors dealing with the estate detailing the circumstance sin which the debt arose; the times when your mother acknowledged the debt and what evidence you have of that.
Say that unless the debt is paid within three months (or three months of the Grant of Probate if it has not yet been granted) you will take action to enforce it.
If you need to enforce it then you can issue a claim in the County Court to recover the monies
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

(1) Has the Grant been obtained? and (2) how can I secure a personal attorney?


There were no solicitors involved during the occurrence of the debt. It was verbal and accounts kept in my mother's log book.


(3) Can I get information on how to issue a claim in the county court to recover the monies? can an attorney submit?

Expert:  Clare replied 2 years ago.
Hi
You can find out whether or not a Grant of probate has been obtained using the service here
http://www.justice.gov.uk/courts/probate/copies-of-grants-wills
You can find a solicitor to act for you via the Law Society
http://solicitors.lawsociety.org.uk/making a county court claim
and you can read about how to make a claim here
https://www.gov.uk/make-court-claim-for-money/overview
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33538
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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