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Theft from a deceased estate



 
 
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  #21  
Old November 27th 08, 09:18 PM
Madbag Madbag is offline
Junior Member
 
First recorded activity at LegalBanter: Nov 2008
Posts: 11
Default

Good. It sounds as though the real difficulty is going to be a question of
proof. Unless you have this it is going to be impossible to take action
against the ex girlfriend. I can't help feeling that there is much more to
this situation than you have disclosed. Unless you tell the full facts it is
difficult for anyone to give constructive comments.

Peter Crosland[/quote]

Don't really know what I can tell you that would be of much relevance, for a good number of years he would stay at her a couple of nights a week and her at his, the other three days he would stay at home on his own. When he got ill,it got to a point where he couldnt go to hers any more. He wrote a will, the day after she found out about this (from the nurse who also then told me that she had disclosed that she had an interest entered on the deeds.) Despite the fact she didn't know what was in it, I recieved a phonecall from a friend of hers telling me that she wouldn't be coming back anymore. I advised the friend that she should be telling my dad this and not getting other people involved, but that was that. He wanted to tell her the good news that he had won some money on the lottery but she would neither answer nor return any of his calls. I had also noticed that a folder full of dads paperwork had been removed.
A week before my dad died she turned up demanding to see him, but i explained to her that he was now too ill to take visitors, she caused such a nuisance that the police had to be called and the nurse explained to her and the police, the same thing. At the funeral, her son started shouting at the vicar midway through the service because he wanted her acknowledged in the eulogy although none of the women in dads life were mentioned. After this disrespectful behaviour we had forwarded on to us two letters from dads solicitor, these had originally come from her solicitor, the first dated two days before dad died and the other two days after, basically saying that she wanted totake full control of my dads estate, that I was irresponsible and untrustworthy. In dads will he had appointed my elder brother as executor of the estate. She didn't know this and thought it was me. Two days after the funeral I recieved at my home address a nasty letter from her solictor. So I gave ashort reply acknowledging the letter asking them to allow some time for the family to greive and they would be contacted in due course. withina week, a day after my brother was granted probate, he recieved a letter from her solicitor saying that she wanted the house put up for sale and that they would be putting in an order for sale form the court and the expenses of this to come from the estate. Meanwhile I had been at my dads to let the water board in and noticed some things had gone missing, I initially thought that my brother, the executor had removed them, but he said no and we realised a lot of other stuff had been disturbed. We reported this to the police. There were marks on the back gate where someone had climbed over and tools moved in the shed. We had an idea that it was her, but she would have had to have had someone with her to climb over the gate, we believe it could have been the son, that had never been there before.
Anyway, in the latest letter from her solicitor, less than a week from the last she admits to having entered the property, but not to having taken anything, but we are not sure whether she is allowed to do this once the estate has been granted probate.
We have now a solicitor looking into it, firstly looking into the fact that we believe the interest she has registered on the deeds we believe to be wrong because you have to fulfill certain criteria before the change can be registered and yet she fulfills none of it.
Dad was reasonably methodical about the paperwork he kept and yet their is a particular chunk of paperwork missing, this we believe tobe in the folder that mysteriously went missing. It amongst other things contained documents mortgage payment statements and share documents.

Hope that hasn't bored you, but am just trying to understand the process of what happens when things go missing from an estate before the executor has distributed it.
  #22  
Old November 28th 08, 12:51 PM posted to uk.legal
Peter Crosland
external usenet poster
 
Posts: 4,085
Default Theft from a deceased estate

Good. It sounds as though the real difficulty is going to be a question
of
proof. Unless you have this it is going to be impossible to take action

against the ex girlfriend. I can't help feeling that there is much more
to
this situation than you have disclosed. Unless you tell the full facts
it is
difficult for anyone to give constructive comments.

Peter Crosland

Don't really know what I can tell you that would be of much relevance,
for a good number of years he would stay at her a couple of nights a week
and her at his, the other three days he would stay at home on his own.
When he got ill,it got to a point where he couldnt go to hers any more.
He wrote a will, the day after she found out about this (from the nurse
who also then told me that she had disclosed that she had an interest
entered on the deeds.) Despite the fact she didn't know what was in it, I
recieved a phonecall from a friend of hers telling me that she wouldn't be
coming back anymore. I advised the friend that she should be telling my
dad this and not getting other people involved, but that was that. He
wanted to tell her the good news that he had won some money on the
lottery but she would neither answer nor return any of his calls. I had
also noticed that a folder full of dads paperwork had been removed.
A week before my dad died she turned up demanding to see him, but i
explained to her that he was now too ill to take visitors, she caused
such a nuisance that the police had to be called and the nurse explained
to her and the police, the same thing. At the funeral, her son started
shouting at the vicar midway through the service because he wanted her
acknowledged in the eulogy although none of the women in dads life were
mentioned. After this disrespectful behaviour we had forwarded on to us
two letters from dads solicitor, these had originally come from her
solicitor, the first dated two days before dad died and the other two
days after, basically saying that she wanted totake full control of my
dads estate, that I was irresponsible and untrustworthy. In dads will he
had appointed my elder brother as executor of the estate. She didn't know
this and thought it was me. Two days after the funeral I recieved at my
home address a nasty letter from her solictor. So I gave ashort reply
acknowledging the letter asking them to allow some time for the family to
greive and they would be contacted in due course. withina week, a day
after my brother was granted probate, he recieved a letter from her
solicitor saying that she wanted the house put up for sale and that they
would be putting in an order for sale form the court and the expenses of
this to come from the estate. Meanwhile I had been at my dads to let the
water board in and noticed some things had gone missing, I initially
thought that my brother, the executor had removed them, but he said no
and we realised a lot of other stuff had been disturbed. We reported this
to the police. There were marks on the back gate where someone had climbed
over and tools moved in the shed. We had an idea that it was her, but she
would have had to have had someone with her to climb over the gate, we
believe it could have been the son, that had never been there before.
Anyway, in the latest letter from her solicitor, less than a week from
the last she admits to having entered the property, but not to having
taken anything, but we are not sure whether she is allowed to do this
once the estate has been granted probate.
We have now a solicitor looking into it, firstly looking into the fact
that we believe the interest she has registered on the deeds we believe
to be wrong because you have to fulfill certain criteria before the
change can be registered and yet she fulfills none of it.
Dad was reasonably methodical about the paperwork he kept and yet their
is a particular chunk of paperwork missing, this we believe tobe in the
folder that mysteriously went missing. It amongst other things contained
documents mortgage payment statements and share documents.

Hope that hasn't bored you, but am just trying to understand the process
of what happens when things go missing from an estate before the executor
has distributed it.



All noted.. She sounds a nasty piece of work. As for the deeds, or more
likely, the Land Registry entry presumably she has registered a caution or
something else and your father would have been notified of this and had a
chance to object. Obviously if papers have gone missing it makes it even
more difficult. Whilst there may be good reason, and it sounds like there
is, to suspect wrongdoing on her behalf it does come back to question of
proof. I suspect that your brother and perhaps whoever inherits the estate
is going to have to call her bluff. I assume this is what the solicitor will
do. The results of the police enquiries will obviously have a bearing on it
as well. In the meantime I don't see that there is much you can do except to
support your brother. I hope you get it resolved.

Peter Crosland


 




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