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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 726
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I own the house my mother lived in it, she passed away 30th

Customer Question

I own the house my mother lived in it, she passed away 30th Nov and her possessions are still in the house. Do I have to let the other two siblings in the house or can I request they give me a list of what they would like. As they have been particularly agressive to us. I have not found a will she has a small amount of money that we will distributed once everything is sorted. She has nothing of value in the way of possessions. We don't feel we want them in our property are we obliged to.
Submitted: 10 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist you.
I am sorry to hear about the problems that you are having with your relatives.
If the property is in your sole name and it is your property then your siblings do not have any legal right to enter your property.
If your mother did pass away without a will then she is considered as passing away intestate.
If your mother did not leave a surviving spouse then her estate should be distributed equally amongst her children.
I would agree that your suggestion of a list is a very good idea. Perhaps you could itemise the belongings and then ask what they would like. Sounds more like the items will be of sentimental value then of monetary value.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for your response.
I am able to call you if you prefer.
If you respond to this message with the request for a phone call then I will accept this for you. This will then provide me with your telephone number.
Kind Regards
Caroline
Customer: replied 10 months ago.
My wife and I are still grieving and are not ready to start clearing my Mothers personal possessions yet but feel the pressure to do so. Do we have to buckle to this pressure from the siblngs?
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
I am very sorry to hear this.
It is of course understandable given your loss.
With your mother passing intestate - your siblings are likely aware that they are entitled to share. Unfortunately although one would hope that family would pull together at such a time this is rarely the case.
In respect of the money - is this in a bank account? have the bank been approached - have they said that they would require a grant of representation? some do, some will just accept the certificate to confirm your mother has passed.
If the estate is less than £5,000.00 then there isnt going to be a fee required to apply for the grant.
This could however 'buy you some time' as these things do take time to be processed.
Kindest Regards
Caroline
Customer: replied 10 months ago.
Hi
Financially everything is almost sorted. Its more the house that we are having the struggle with and that we are finding it upsetting can we not take out time with this ?
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for your response.
As you are acting as Administrator then you do have a duty to distribute.
That being said, taking some time, say a few months in respect of the personal effects isn't going to have any repercussions for you.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 10 months ago.
Please kindly remember to rate positively so that we receive credit for our work. Your question will not close when you leave positive feedback and I am available through his service to answer any follow up questions that you may have for free.
Customer: replied 10 months ago.
Please could you just read over a letter I am sending to see if its ok. ?I am responding to the letter received from Stuart Williams of Fisher Jones Greenwood 14th January 2016 which requested that I write to you directly with my response.
You will be happy to know the house contents remain untouched except for the equipment that had been on loan to mum. This has now all been collected.
Bryn has already taken a few mementos.
I am also aware that Katie has requested the small cabinet that is in the lounge.
In the circumstances I decline your suggestion of meeting with you both at*****for personal reasons. I do not want a repeat of the aggressive and overly critical confrontations and unfounded accusations that we endured previously. I have no legal obligation to do so.
Therefore I will be making a full inventory of Mums personal possessions and you can choose your share and dispose of it how you wish. You will have to arrange for them to be collected of course.
Just to let you now it was Mum’s express wishes that any of her unwanted possessions were to be donated to St Helena Hospice. We are happy to arrange for any unwanted possessions to be taken to the charity depot and we will be hiring a skip to dispose of the soiled items that are not suitable for donation.
I am fully aware of what ‘Intestate’ means and I am finalising Mums estate in accordance with these requirements. You will get your share of her estate shortly, as this appears to be your preoccupation. It was Mums wishes that any money remaining should be divided between Bryn and myself, however as we have not found the hardcopy Will it will be divided between the three of us. As I have previously mentioned, it was our mother’s hope than any cash proceeds from her estate would be given to our children, her grandchildren. If we do find her hardcopy Will in the meantime, this may alter these arrangements.
These are the words that mum had wanted on her tablet next to Dad.
Barbara Nancy Reynolds
Aged 84
Sadly passed away 30th November 2016
Loving mother, grandmother and great grandmother
Reunited with Evan
We have paid £400 on account for this to be completed and will retained £216 towards the cost of hiring a medium size skip for the soiled items. I will bear the cost of anything above these outstanding expenditures
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Your letter does get your points across but I would suggest taking out some of the emotional parts of you can as this will only cause further hostility - such as the comment about their preoccupation. Although it may be true /- saying nag this will make things worse.
Kind Regards
Caroline

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