Thank you all. House always belonged to dad, no joint tenancy, proceeds from the sale of her house she kept in her own bank account my dad did not benefit from or have access to ever. The legal position is "she has no legal right to stay" legally we are not required to give any notice to quit, we could ask her to leave today. But morally this would be wrong we feel. We have an appointment on Tuesday with the solicitor, should work out at a couple of hours work for them £500 plus vat. In the meantime we are going to try and speak to her.

Thank you for clarification, as per my previous posts, I am waiting for our new solicitor to call back, I am prepared to pay for legal advice but I also like to do my homework first too. Not sure the "attitude" is helpful or warranted from some members, whatever legal response I get I will post it so others can benefit. Kind regards

Interesting, my dad did not benefit in any way from the sale of our stepmothers house, in fact he paid for a new bathroom, new Windows new drive. The proceeds from the sale of my stepmothers house were invested in her name only. The house they lived in at the date of his death is my family home bought outright by my mum and dad prior to my mums death 23 years ago, she has no claim on the matrimonial house, she has not paid anything towards its upkeep and in fact my father was independently wealthy he did not need income from our stepmother. The sale of our family home is in line with our dads wishes, his wish was to look after his children and change our lives financially as he is not here in person to support us emotionally. I have no intention of kicking her out as you so eloquently put it, I am trying to establish where we all stand legally. I'm assuming that this is just your opinion and that you have no legal training ?

Not as she is a joint trustee, the 3 of us should have been acting in unison, dads things (everything inc clothes) form part of his estate which he left in its entirety to myself and my brother, having a house valued that you have no financial stake in?? All this has been explained several times to us all by our solicitor

Thank you all, contacting a new solicitor, waiting for a call back, planned to call citizens advice bureau too. Yes we were left the house in the will, it's been a very strange 4 months since dad died, we feel our stepmother has made some very calculated moves, there have been a couple of incidents ie moving money ( a very large amount from their joint account to an account in her name, had our house valued whilst we were on holiday without our knowledge, giving our dads things away without our knowledge) I just want it to be over and I miss my dad...

It's a truly horrible situation, the will is ver specific, the property belongs to myself and my brother we are 43 and 45, my dad made other financial arrangements for our step mother, she has been left very well provided for. Probate granted, the house is in my dads name. Initially my stepmother did not want to be an executor she was going to remove herself but the changed her mind!going to hit the phones today to see if we can get some legal advice, my brother and I have had no contact with our step mum for the last week, emotions are running high and we don't want to make things worse.

Desperately need some legal advice, my dad recently passed away 6 June 17, very suddenly hadn't been ill and only 71 (pneumonia and sepsis) my dad remarried 10 years ago following the death of our mum. They lived in stepmothers house until recently (our family home was rented out) my stepmothers house was sold and they moved into our family home, which was owned outright by my dad. Probate is complete, my dad appointed myself, my brother and stepmother as executors of his estate although my brother and I are beneficiaries, he has left the family home to my brother and I. My stepmother said she would like to buy the house from us, after several valuations we agreed a price. All going ok, conveyances started then suddenly she has changed her mind no longer wants to buy it but is making no attempt to move out or look for something else. Our solicitor is unable to offer any advice as she dealt with the 3 of us as executors. Where do we stand legally? Can we ask our stepmother to find alternative accommodation? Timescales? Can we enter the house? We have dads keys. It's not hard enough that we've lost our dad but then this to deal with too. Our relationship with our stepmother has pretty much broken down, we feel we have helped and supported her throughout the estate and probate issues but now this...

Yes I now have until 7 Jan 2016 to complete small claim track questionnaire and return to courts,

Any suggestions please? I really need to complete and return the small claim track form

?? I'm saying I don't recall having a vanquis credit card, I had tsb and capital one. I've asked for proof that this is my debt

I requested a copy of the notice of assignment, I have not moved in the last 20 years

we require the following information:- Name of the Claimant ? 1st credit finance led Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 21 December 2015, reply by 7 January 2016 What is the claim for – On 29/10/2010 the defendant entered into an agreement for a credit card with vanquis bank limited under ref ....................... On 30/04/2012 the defendant defaulted on the agreement with an o/s balance of £680. On 15/02/2013 the debt was assigned to 1st credit of this sum by creditor statutory notice of assignment was sent to the defendant, the claimant claims the sum of £680 plus interest under section 69 of the county courts act 1984 at the rate of 8% per year from 25/02/13 to 09/11/2015 upto the date of judgement or earlier payment at a daily rate of £0.15. What is the value of the claim? £680 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007 ?NA Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.1st credit Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? NOT THAT IM AWARE OF, I don't think this is my debt Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? NEVER MADE ANY What was the date of your last payment? NA I have requested from 1st credit the signed credit agreement and deed of assignment, they have provided the deed of assignment but not credit agreement or any other account details. My defence was I have no knowledge of this debt and do not acknowledge it, I require that you supply me with the following documents: A true copy of the alleged agreement you refer to True copy of the deed of assignment I understand that this should be supplied within 12 working days, this is still o/s

Hi thanks, I've requested a copy of my signed credit agreement they've not supplied it as yet, how do I respond if there's no proof the debt is mine ? This has been my initial defence

Morning all On 10 November 2015 I have received court paperwork from Northampton county court, claimant 1st credit for an amount of £679.63, relating to a credit agreement dated 29//10/2010 between myself and vanquis bank, on 15/02/13 the debt was assigned to first credit. I completed and returned the court paperwork saying I intended to defend the whole amount, I have no record or knowledge of this debt and could they provide proof that this was in fact my debt. The court acknowledged the receipt of the paperwork and advised 1st credit of my intention. First credit replied to me on 14 December 2015 with copies of a notice of assignment, telling me they had until 26 December 2015 to notify the court of their intention to proceed. I then received a letter telling me they intended to proceed but had still not been provided with copies of the credit agreement from vanquis bank. I have now received a further court letter "notice of proposed allocation to the small claims track" I have to reply by 7 January 2016. How can I be taken to court for a debt which I'm not sure is mine and that 1st credit have not proved is mine, any advice would be greatly received. Many thanks

Thanks everyone - we going to try and get some sleep now, definately rest easier following all your posts, will check back tomorrow