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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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I am being defrauded out of my inheritance in my mothers w

Customer Question

I am being defrauded out of my inheritance in my mothers will.

I was left £10,000 in the will from my mother.

My half sister is an executor of the will.

There is a property in the will and the will states that it remain part of the estate until all debts and bequests have been settled.

Probate was granted to my half sister in 2006.

My half sister has not paid out the £10,000 to date.  She has moved the property in the will into her name and taken a mortgage out on it and still not paid my bequest.  I believe that is fraud as the house remains part of the estate until I have received my bequest?

My sister has been renting the property out and has taken in over £12,000 in the last two years alone and still says there is not money in the estate account to pay my bequest.

She will not let me see the estate account.  I believe she is committing fraud by obtaining the mortgage and from obtaining legal possession of the property in her name when she has not disclosed that it is still part of the estate.  Could you please advise me?

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I agree with everything that you say.
I would refer this to the police as fraud although they may want some more evidence.
The other thing to do of course is to simply sue her for the £10,000 through the court process. A solicitors letter threatening an application to court may focus her mind.
The fact that she says there is not enough money in the estate is clearly not relevant because there was a house and if there wasn't enough cash, the house should have been sold.
Can I clarify anything for you?
Customer: replied 2 years ago.

So do you agree that

1) She should not have been able to put the house in her own name until the bequests were fulfilled?

2) She has committed fraud to get the house in her name?

3) She has fraudulently obtained a mortgage on the property as there are outstanding bequests?

4) That there should be an Estate account that I have the right to see?

5) That rent monies should have been put into the estate account?

She is being very slippery and dishonest over everything and this has gone on for 8 years now.

She has been renting the place and obtaining money for herself and keeps saying there is not enough to pay me when it is known from the Estate agent in charge of the rental that there has been more than £12,000 in rental monies paid out.

Could also help me as to what offence I should report her to the police for? Would it be probate fraud?

Thank you for helping me.

Expert:  Jo C. replied 2 years ago.
1 not unless the house was left to her specifically. If the house was left to her specifically and you were left £10,000, and there isn’t £10,000, then she gets the house but you don’t get the £10,000. If for example that was the house and no cash at all and she was left the house and you were left money, she gets the house and you get nothing.
2 Subject to what I have said above, probably she has done. It really depends on what the will says
3 see 2 above
4 you are entitled to see overall amounts of money in and overall amounts of money out but not a blow by blow account of every single solitary transaction in and out. Regardless, the executors are under a duty to act in the best interest of the beneficiaries which it appears that she is not doing
5 it depends on what the will says as to who gets the house. If it was not left to her, all the income should go into the estate
as I said earlier, you should have been paid from the proceeds of the estate and if everything was to be divided and you got £10,000, it would depend whether she was left the house as I said in the various numbered points above.
To answer further, I would need to know exactly what the will said about who got what
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you the will states that the property is to be placed in trust and it states it should be sold and held in trust and the residue of her will estate should be used to

01 Pay any debts funeral and testamentary expenses.

02 Satisfy all gifts of specified property referred to in my will.

03 Pay all the gifts of money referred to in my will

04 Deal with the Residuary Estate as I now direct.

section 8 of the will. Gift of residue

She gives the residue of the estate to my half sister.

Under money bequests my mother writes

02 I give to my son RSM free of all taxes and death duties the sum of Ten Thousand Pounds.

My half sister was not left the house it states that it should be sold and put into Trust. But, that she would get the residuary of the estate after everything is paid out.

Does that help at all??? Thank you so much.

Expert:  Jo C. replied 2 years ago.
Thanks.
I will look at this is the morning if thats ok?
Customer: replied 2 years ago.

Thank you so much I really do appreciate your work. Best wishes and sleep well.

Expert:  Jo C. replied 2 years ago.
If that is what the will states, and that is what should have happened and the only reason to put it in her name would be to facilitate the sale although even that is not necessary.

The house does not necessarily have to be sold if the executors don't want to sell it, however it must be sold if there isn't enough money to pay all the other bequests including your £10,000.
Customer: replied 2 years ago.

Thank you so much for your time. It confirms what I have been thinking about fraud. She has been renting the property and taken money in so could have paid me. She has a mortgage on the property so could have paid me from the mortgage. She is doing everything she can to not pay but has done it fraudulently. It is wrong that someone can do this when they have sworn an oath at probate to do things properly. Thank you again for your help you have been most kind.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/