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My mother recently sold her house and divided the proceeds

 
Kasare's Avatar
  • Answered by:Kasare
  • Solicitor
  • Positive Feedback: 95.5 %
  • Accepted Answers: 38
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My mother recently sold her house and divided the proceeds between her four children,this decision was made after being offered a home with my sister.My mother, after dividing the money and paying off a small mortgage should have £24000.00 in addition to her monthly pension etc. She has fallen out with my sister and doesn`t wish to remain with her. She keeps her belongings in her car and now stays with me or my daughter .I have discovered that Mum has no direct control over her finances when she asked my sister for her bank statements those made available provided no evidence that she has any money left from the sale of her home and she has only 2000 in her account ,she has a monthly income with pensions etc of £1600 she has been living with my sister since January pays the gas bill , her food car and petrol...just doesn`t add up.My sister claims Mum is mad and my two brothers have sided with my sister.Surely if we have all been given a lump sum and she is so very unhappy ,cries all the time it is only right to give her her money back and find her a home. I or my daughter could step in and use my share of the money to provide her with a downstairs shower room/toiletl and bedroom of her own.My brothers have not been in touch with me I feel we should have a meeting,mum is 79 has a heart condition and is extremely distressed, surely we all have a duty to ensure she is safe and has a place to call her own regardless .We have all received £46000 .00.We have all benefited I think it is shameful ! I am a registered nurse and am aware that this situation is unacceptable, my mother is a vulnerable elderly individual and is not to be condemned.

 

Optional Information:
System of Law: England-and-Wales

Submitted: 282 days and 3 hours ago.
Category: UK Property Law
Value: £43
Status: CLOSED
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Expert:  Kasare replied 282 days and 1 hours ago.

Good morning, welcome to Just Answer. This is a terrible situation you have explained but I do not know the question you are seeking an answer to, could you please clarify how it is I can help?

Customer replied 281 days and 23 hours ago.

she did not sign any document giving away her half of the proceeds so should we all be giving it back so she can have somewhere to live,she has no independent access to her bank account and what money she should have is unaccounted for.She did not as far as I am aware sign documents to waiver rights to the above,she can`t have spent in excess of £25000 in three months

Accepted Answer

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Expert:  Kasare replied 281 days and 21 hours ago.

Hi, I do appreciate your concerns, however, it appears your mother gifted this money to you and your brothers/family, for which she was under no obligation to sign any legal document, nor are they obliged to pay it back.

 

I am afraid that the only obligation on you or your family is a moral one, not a legal one.

 

With regards XXXXX XXXXX money in her account, if this was taken without her consent and this can be proved then you may have recourse to try and recover this. Obviously if you do wish to take this step, you would need to report this to the police.

 

Sorry this is probably not the answer you were hoping for, but I am afraid that there is little you can do to force your family to return a gift, if they are unwilling to assist.

Expert TypeSolicitor
Category: UK Property Law
Pos. Feedback: 95.5 %
Accepts: 38
Answered: 7/6/2012

Experience: Solicitor & Partner

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