Need advice on inheritance.

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evilstepson
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08 Jul 2012, 4:20 pm

Hi its been a while since I have posted. Paternal family are all being annoyed by the witch and have told to my father and her where to stick it. So now they dont see them as much :). Me and my mum arent rich but any means but we have bought a few items off ebay wehn sold could make us feel like we are rich :D
We have been talking about if she dies what happens to her assets. I have said to get rid of it before she dies but also talked about scenario where she could die unexpectedly like being knocked by a bus, heart attack or stroke. I have asked being her only kid and having no partner do I get everything. She refuses to make a will and doesnt really have the money. Can get money for it but she doesnt want to. She said everything will go to me anyway. I have asked a few things that will confirm she is my bio mum and can make as a claim as a dependent. I have checked Im covered under the act for dependants 1975 and bastard child but im covered. What I want advice on is if the aunts and uncles on her side come looking for handouts. They all have jobs and are all better off. How do I legally stop them from making a claim or get it kicked out of court. Would the assets just go to me without having a lawyer or would it have to go to probate? Can my dad have me declared incompetent and stop me from handling the assets myself. I know the witch would have him do it a heartbeat. They will be nice to make me compliant and not put up a fight with the assets being used by them. How would I stop them if that happened?



BlueMax
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08 Jul 2012, 4:43 pm

One of those $20 Will Kits from Staples is better than nothing at all and if you give it to her as a gift (maybe along with something nice to lighten the mood)...

I always found it awkward to talk about, but now on the other side of my father's recent death, having a will is essential to keep greedy people from taking what isn't theirs. The will will make sure your mother's wishes are fulfilled.



Kimg0123
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08 Jul 2012, 5:48 pm

It's much better to have things in writing...even written down as in a letter stating her wishes is better than nothing. Consequences are to go to probate court, paying huge court costs, and losing everything. Must have a will to make it easy for those left behind when you die.



evilstepson
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08 Jul 2012, 7:30 pm

Im not in america. I am in UK. From what I have looked up the law says when she dies unless there is a will or spouse everything goes to me. Obviously creditors can make a claim to pay off debts. She refuses to make a will. What I am worried about is the vultures showing up. Her sisters hardly see them. They would have weak claims as they all have more money can hardly claim they need it. Same could be said for me. What I am really worried about is the witch and my dad making a claim of im not fit to manage the money. I know they will use my dads mates and paternal family to stop me putting up a fight. Dad is not my dad on paper. He is not on birth cerficate. They can use dna test to establish paternity. They could go to court and say Im not competent to handle the estate. How would I am competent?



VIDEODROME
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08 Jul 2012, 7:39 pm

My non-expert opinion would be a video recorded will. Even on a cell phone camera or webcam.



Gnonymouse
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08 Jul 2012, 8:13 pm

Ask a lawyer or ask on a forum for lawyers, unless there are any UK lawyers here I don't see how we can help.



thewhitrbbit
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08 Jul 2012, 9:35 pm

If she refuses to make a will there is not much you can do.

Anyway, they could challenge your ability to manage the estate with or without a will.



evilstepson
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09 Jul 2012, 5:06 am

We had this discussion today. I told her that I did not want it however if any of the vultures show up if she just drop dead instead of something like a long term illness then I will not let that happen. Going to court to prove Im not competetent will take weeks. I have said If I have to I will go abroad or just throw the things in the river. She knows me Im that petty and stubborn enough to not let whats his face and the witch have control over me. So tough luck vultures :)



thewhitrbbit
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09 Jul 2012, 10:07 am

Going to court to prove competence could take months; and it really wouldn't matter if she wrote a will or not. A lawyer could challenge your competency even with a will.



evilstepson
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09 Jul 2012, 10:13 am

Exactly. If such a thing did happen. I still legally control the assets even though someone is going to court to have me declared n ot fit to handle them doesnt it. I can spend it or just get rid of them.



Peter_L
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09 Jul 2012, 1:13 pm

evilstepson wrote:
Im not in america. I am in UK. From what I have looked up the law says when she dies unless there is a will or spouse everything goes to me. Obviously creditors can make a claim to pay off debts. She refuses to make a will. What I am worried about is the vultures showing up. Her sisters hardly see them. They would have weak claims as they all have more money can hardly claim they need it. Same could be said for me. What I am really worried about is the witch and my dad making a claim of im not fit to manage the money. I know they will use my dads mates and paternal family to stop me putting up a fight. Dad is not my dad on paper. He is not on birth cerficate. They can use dna test to establish paternity. They could go to court and say Im not competent to handle the estate. How would I am competent?


I'm not a solicitor, but I work for one.

This is basically the situation:-
http://www.justice.gov.uk/courts/probat ... ake-a-will

Suffice to say that without a will, it's arguable for a very, very long time and the one thing that I can guarantee is the court wouldn't pick you to be the executor or otherwise appoint you to manage the estate. Nor would you want to be involved frankly, I wouldn't touch a situation like that with a barge pole.

What would happen is that the courts would deal with it, and you'd get a check at the end of the process after which everybody involved would complain about the division not being in their favour and the courts would say in polite terms "Then she should have made a will saying that, shouldn't she?!" in reply.



evilstepson
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09 Jul 2012, 1:43 pm

:D When I ask about court and assigning executioner. She doesnt own a house, land or shares. She has hallmarked rings, earrings and broaches. We will both be buying items to sell on at a mark up. So are financial status will probaly improve and mean we can get out of debt. We will stay in the house for a while then move onto somewhere better. The estate doesnt run into hundreds of thousands wont the court refuse to appoint an administrator for something so small. I have talked to gran and my nagging aunt. The witch and the father will wont have the money for any lawyers anytime soon. She was getting child support from the father of her angels and didnt tell the child benefit people she we getting it. So she has to pay back child benefit. He is the only one with money so he is doing the paying. They have loads of other debts to pay off as well. She has to go back to work. She hasnt worked much since marrying him. Oh well life goes on :twisted: