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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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My mother and my Stepfather have been married for 30 years.

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My mother and my Stepfather have been married for 30 years. My mother died a month ago.
My Stepsisters are wanting for me to take her effects away from their home, after taking certain items of any real monetary worth that belonged to my mother (I think they see it as theirs).
My Stepsisters are now wanting to sell their family home to realise the value of the house. My Stepfather seems to have no power against his girls wishes.
Their home is worth 2 - 3 million, and I think he has left everything in their name (something he did when he got cancer over 10 years ago).
I have a brother and a sister and my mother left us with her estate (a value of £210,000) and all her chattels belong to her husband.
All I would like is to have ALL her personal belongings, as some of them belonged to her before she even met her husband (even those that have value, a drop in the ocean compared to what they will receive).
Do I have any legal rights on his estate, as my mother was with him for 30 years.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following using the same numbering:-

  • 1. IN whose name is XXXXX XXXXX Registry registered title for the home

Kind regards.

Tom

Customer: replied 5 years ago.

I do not have that information.

It could be in the name of Mr K Williams or Miss JoXXXXX XXXXX and Mrs Claire Lascelles or into their property company.

Customer: replied 5 years ago.
I have requested contacted Land registry and will be waiting for the reply
Hi,

Can you look it up on the following site and tell me if your mother or stepfather own it please, you will have to pay a small fee to do this:-
http://www.landregistry.gov.uk/wps/portal/Property_Search

Thanks.

Kind regards,

Tom
Customer: replied 5 years ago.

Tom

 

Mr XXXXX XXXXX is the owner

 

Kind regards

Lindsay Hartley

Hi Lindsay,

Where it lists his name on the propreitorship register there should be a date immediately preceding his name, can you tell me what date it lists please?

Thanks.

Tom
Customer: replied 5 years ago.

Hi Tom

 

18.06.1998

 

Regards

Lindsay

Customer: replied 5 years ago.

Hi Tom

 

The date preceeding my stepfathers name is 18.06.1998

 

Regards

Lindsay

Hi Lindsay,

Thanks for your reply.

That date indicates that the property was transferred in to your stepfather’s name in 1998 and that it has remained in his ownership since that date. It does not therefore form part of your mother’s estate.

With regard to her estate for the purposes of who it shall pass to according to her will, it will include all items that she owned solely without anyone else. It would not include items she owned jointly, so any joint bank accounts held with your stepfather would pass automatically to your stepfather regardless of any other direction made in her Will.

As to her sole possessions, her chattels (ie. her personal possession) would pass to her stepfather and all other items would pass to you/your brother/sister. If the stepsisters are taking items of her personal possessions then these should pass to her stepfather or if they are taking other items which are not her personal possession (ie. chattels) then these should pass to you. If this is the case then you need to speak to the solicitor dealing with probate to write to them in order to recover them.

You can attempt to come to a compromise with your stepfather regarding those personal possessions that you wish to come to you, but as your mother has directed in her Will that they should pass to him he is under no legal duty to negotiate with you if he does not wish to I’m afraid.

I am sorry it could not be better news.
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Kind regards,


Tom
Thomas and 2 other UK Family Law Specialists are ready to help you
Customer: replied 5 years ago.

Tom

 

Many thanks for your response. This puts a clear light on things and how I need to deal with my Stepfather. My brother, sister and I are basically at his mercy, and just hope he will do the decent thing, inspite of my stepsisters.

 

Kind regards

Lindsay

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