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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My mother passed away earlier this year leaving 3 children

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My mother passed away earlier this year leaving 3 children me being the eldest 51 my sister 50 and younger brother 48, she had no insurance funeral plan or house to sell so funeral expenses were left to us children, as I was only one with savings the bill fell to me I managed to get her debts sorted hopefully,
I paid for the funeral just under £4000 but still need to bury her we planning on doing this 12 months to the date giving my younger siblings time to save, I've know that my mother has lent money to my neice on numerous occasions some paid back £10 here and there majority not at all I know of £400 pounds that she borrowed not paid back and mom said call it £300, I asked for this back as its part of moms estate my neice replied we owe it too nan not you so we will get something for ther grave she also said well nan should not give her money away knowing she got funeral to pay for..
How can I get this back if at all I know its small amount but it's principle and knowing my neice was taking money of my mother whilst she was dying of cancer,as I feel I'm going to be left with the burial cost as my siblings can't save
This is tearing me up inside even now knowing family members too the Mickey out of my mother
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What debts did you pay and why?
Did your siblings promise to share the cost of the funeral?
Customer: replied 3 years ago.
I paid no debts just notified relevant people she passed away and sent a copy of death certificate. Siblings had no savings and we could not get help of local authorities due to fact we worked even though my brother was on low wage and sister only worked part time due to her disability them getting loans was a no go due to low wages
I was self employed had savings so fortunately I could bury my mother the way she wanted to go
The money owed by my niece is what concerns me as she bought a 2 nd car paid for carpets in her mothers house and bought her mom jewellery for birthday and I feel is laughing at us
I gave brother sister 12 months to try and save so we can burry mom but. Feel I will have to do this on my own
i am confused I am afraid - I thought the funeral had happened?
Customer: replied 3 years ago.
The funeral happened in feb this year how ever she has not been laid to rest when cremated her ashes are with the funeral directors,we all agreed we would lay her too rest 12 months later as I'm giving my brother and sister time to save the £2000 to lay mom to rest,
The issue is the money owed to my mother by my neice who constantly borrowed of her and not paid back im wanting the £300 pounds that's owed to mom to help me cover the cost of the funeral and burial where do I stand
have you asked the nieces parent to intervene on the issue?
Customer: replied 3 years ago.
Yes several times but don't want to get involved or dismiss this as they don't want to be stuck in the middle as its my sisters daughter
Do I have to swallow this bitter pill or can I get it back with a solicitors letter
To recover the money you would have to take out letters of administration in respect of your late mother's estate so that you have the right to sue your niece to recover the funds
Without that there is little point in sending a solicitors letter as it will have no power behind it.
I am sorry - I know that this is not good news - please ask if you need further details
Customer: replied 3 years ago.
How is that done..?
What is involved and how much would I be looking at cost wise
The only proof I have is mothers word and the messages I sent back and forth to my niece asking for the money back
I have to be frank - it will cost more in time and money than it is worth - especially as you have no evidence of the loan.
The process is set out here
Clare and 2 other Family Law Specialists are ready to help you