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About Spanglespanglle

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  1. Hi JemimaT, thanks for the Probate Link, that's really useful. The gifts are for Inheritance Tax reasons, but I think they fall below the bracket. My solicitor has advised me what to say to them as I had to respond last week. He says it's a fishing expedition.
  2. I already questioned the appointed solicitors, who merely forwarded it to the new ones who said "We note you queried the reason for our instruction. Our client (appointed solicitors) has identified a number of transactions on the deceased's accounts which require an explanation. Our client is therefore entitled to take legal advice and to employ solicitors to act on their behalf in relation to possible claims that the estate may have." They confirm their fees will be paid from the estate. They also ask me to further any correspondence to them from now on. "Should the estate bring a successful claim against any person, including me, the court may order that those costs be borne by the defendant to that claim". I've been "explaining" queries all year, which has cost me money I was supposed to be living off. I think I should make a formal complaint about the first lot via their policies and procedures (having already complained about them last year). They've threatened me before, and then backed off. I wonder if I'd win if they took me to Court, and should I mention that to them?
  3. I had LPA from 2015 onwards, not before. My brother had LPA from 2009 to 2015. We really thought it would be better to have solicitors be executors, who would just get on with it, than my brother accusing me of allsorts and holding everything up. Of course, now the solicitors are doing it. We've lost thousands already. I'm about to buy a property. Can they put a charge on it if I put it into a Limited Company name, rather than my own? I'm going to call my solicitor tomorrow and just read the letter over the phone, as I'm so sick of forking out for everything. I'd rather go to court. I don't think there's much left in the estate. Dad gifted his share of their apartment to me (basically to keep it out of the estate, so I'd have something). And I'm using that money to buy a flat so i don't end up homeless. My Mum's Deputy, also from the same firm, know about this and are refunding me half the costs as well as reimbursements for petrol etc. it makes no sense. What I don't want to do is say the wrong thing. I've got Best Interest minutes, Safeguarding minutes where I brought the carers into a safeguarding complaint, letters from my MP and an article in the local paper. Letters my Dad wrote saying he wanted to help me financially a I was helping them. I've got loads of supporting documentation and evidence. My Dad was the breadwinner, so it was up to him what he did with his money.
  4. It's not a big estate. And dwindling by the minute.he would not have wanted all his money going to solicitors.
  5. My Dad and I thought it would be a good idea so there wouldn't be any arguments between me and my brother. We thought it would be easier. This is a nightmare. It's not supposed to be an "investigation"!
  6. hi, my Dad passed away earlier this year, and the executors have been compiling a list of his gifts to me for inheritance tax. I have now had a letter from a different firm of solicitors stating that they have taken over and that there are a number of transactions which "require an explanation". I wrote to the original solicitors querying this, who passed on my email to the new solicitors. Their response was that the original firm had a right to take legal advice and to employ solicitors to act on their behalf in relation to possible claims that the estate may have. They want to see my bank statements back to 2011 (one account was closed down 2 years ago), and evidence (which I've got ) that he wanted to pay my rent Basically because I gave up trying to move away. Every time I tried to do anything, he would have a fall and be in hospital and i would have to stay with my mother. When I asked who was paying them, they said the fee would come from the estate, but could be borne by the defendants to that claim if the court ordered it. I feel as if I want to say, "Take me to Court then" as I have evidence for everything. I am not involving my solicitor in this because I have already wasted approx £8000 paying him. Money that my Dad gifted me to live off. They want a response by next week. My mother has alzheimers and I am moving her into a care home. I am finally leaving a town which I have been trying to leave for 4 years. Their care has taken over my life, and unless you've been in this situation, you have no idea what a nightmare it is. The Best Interest meeting held earlier this year agreed that she should be near me, I have been unable to work for over three years due to both my elderly parents' deteriorating health, and a psycho brother not helping at all. I have also spent all year trying to get a Care Provider contracted through the Council sacked. This involved a Safeguarding meeting, and a formal complaint with responses from the CQC, CEO, Head of Commission, etc and my MP is backing me. This is just one more thing thrown at me, and I wonder if anyone could suggest anything I can say to them without getting my solicitor involved. Do I need to respond? Do I have to present my bank statements? Will they send bailiffs to my door or will they take me to Court? I would rather go to Court. IMO, my response should be to ask more questions. I don't have time to chase bank statements, especially from closed accounts, and why do they want to know anyway if the gifts were in the nil bracket? You have to be so careful with solicitors as anything I say could be twisted. I will go to Citizens Advice on Monday, but wondered if anyone could help me now. I am in the middle of selling the apartment and moving miles away, plus I can't find a home for her until I've got a date. Thanks
  7. Hi Yes I am! I got locked out and had to re-register. I originally used an old email address I had 7 years ago, and didn't receive the email to change my password.
  8. Sorry, I didn't see these other posts. I'm not in Scotland. I think they are trying it on for some weird reason.
  9. paragraph 3. I do have a Solicitor and I've already mentioned the statute bar to him after reading advice on here. I was looking for alternative, instant, additional advice, after just shelling out over £2000. I thought this was a Forum for free advice, in this case, other debt issues.
  10. OK, I'll tell them to take me to Court then.
  11. Why doesn't it extinguish the debt if it's over 6 years? There is no signed loan agreement. The joint account was held with my mother, father and brother. This was closed down 2 years ago to stop the brother taking more money out. He withdrew a large amount of money for "safekeeping" from me when it was put into the wrong account by a Company (that's another story -and on another post!), even though he knew it was not his (it was my Dad's money). He was forced to hand it back 7 months later because my father told the Company to chase him for it. There was no deputy at that time. We got solicitors to challenge my brother on his use of the joint account, which he ignored. He also lied to the Court of Protection, filmed me without my consent, faked a letter to the bank, forged my Dad's signature. And lots of other stuff... We agreed it was probably best to have a Deputy for my mother so he would have to stop attacking me. My mother did not have dementia in 2008. We (my solicitor and I) have also stated that the joint account was paid for by my dad as he earnt the money and paid all the bills. My mother never worked, she enjoyed it all for free. So I am arguing it's not her money anyway! The Deputy's fees went from £4,000 to £25,000 within 6 weeks. They are over eight months late submitting their costs to the Court of Protection. All they say to my challenge, is that the first year of Deputyship is more expensive as more work is involved. One solicitor is now saying he is responsible for my mother's care. He is not. They have only paid the invoices for medication visits which I set up. My mother was prevented from leaving hospital last month because they rang the ward and said I hadn't asked permission to change care providers. They never said I had to. My mother had to stay another night and was very upset. I am making a formal complaint to the Office of the Public Guardian via my solicitor, which they obviously don't like. I am applying for Deputyship for Health for my mum. I'm LPA for Property & Finances and Health&Welfare for my dad. I am driving an hour each way to see both parents, and trying to reassure my mum that she is coming home soon. She seems to have given up. They've never been apart for this long in 58 years. It's hard enough dealing with two elderly parents without a psycho selfish greedy brother and a firm of aggressive solicitors on top. I've already told them that I won't be bullied or intimidated, but they don't seem bothered. I also hope my mother passes away first. They will have control over everything otherwise. if she needs residential care, who will decide where she goes? What a nightmare.
  12. Re; ericsbrother "half story"? I'm trying to keep the post as succinct as possible. If you read the post, "they" refers to my mothers Deputy, apart from paragraph 10. Money given in 2008. Letter a few months later in 2008. My Dad has since made me his LPA and changed his Will in my favour for all the support I give both my parents.
  13. Only once in that letter in 2008. He recently changed his Will to my brother's detriment for various reasons.....
  14. Hi My parents gave me a large sum of money in 2008. I suggested getting a contract drawn up stating repayment amounts and a time frame. My Dad said he didn't want to do this. A few months later, My Dad wrote me a letter, which my brother stole from my house, stating that he would like me to repay the "loan" within 2 years. I'm not quite sure why he did that. He has never mentioned it since, and I wonder if my brother manipulated him into doing it. This letter has now been sent from my mother's Deputy to my solicitor, asking me if the letter is genuine and if so, what measures have I taken to repay it? They are saying I should pay half of it back to my mother. We never drew up a contract, and no-one has signed anything. Plus the money was given to me in 2008. They know I am in the process of making a formal complaint about them to the Office of the Public guardian and I wonder if they are clutching at straws in an attempt to frighten me. They have been Deputy for over 18 months, but have not mentioned this before, especially not in their report dated April 2017. Their Report stated all monies owed to my mother, but made no mention of this. They say they are now "updating it". They have moved several goal posts over the past few months, and this is another example. They initially stated their cutoff point for any repayments to my mother should be no earlier than 2014 as this was the official date my mother was deemed to have early onset of Alzheimers. So why are they raising this now? My parents are now very old (87 and 90), and I am doing whatever I can to help them stay together, and out of a care home. They are both frail, constantly in and out of hospital, and it has taken over my life. I cannot work because every time I try to move forward, something happens, and I have to sort things out with doctors etc. I am currently receiving Carer's Allowance and Income Support as I cannot commit to full time work. I have already emailed my solicitor saying it is a genuine letter, and was stolen by my brother from my house several years ago. But it was not a loan and there is no loan agreement. I personally think they are trying to distract me from my complaint. There are other issues with them, but this is the latest one. If it were deemed to be a valid loan, albeit an unofficial letter from my Dad in 2008, how many years is it before the loan gets written off anyway? I thought it was 7 years. Any thoughts would be appreciated, thank you.
  15. He write a stroppy email to my solicitor telling him to CEASE harassment of the 'friend', saying he will present emails I've written in the past in Court with regard to my 'mental' and 'emotional' state! My solicitor put them both in their place with a brilliant put down email.
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