Trustee not working in mother in laws interest

[anney63]

My mother in law and twin have gone into care

both were owners and trustees of a house with 2 others .

 

They are now mentally incapacitated.

I am power of attorney to 1 and also a beneficery of the trust .

 

Can they sell for under the market price .

 

They have given a key to someone I believe will be buying and she has got her own valuation which is 40k below mine .

 

All the contents have been sold while I was on holiday .

 

I really am not happy with what they are doing there are no accounts no receipts .

 

I don't think the house should be sold.

 

It should be rented to help pay for their care My father in law would.

 

Be turning in his grave if he knew what was happening .

[honeybee13]

Hello there.

 

I expect people will be along to advise over the course of the day, but I have a question please. If your mother and [her?] twin don't have capacity, who is selling the house?

 

HB

[anney63]

Hi everyone .

 

My mother in law owns a property with her twin

it was originally owned by 4 but both husbands have died .

 

Now the twins have gone into care.

Neither are mentally capable of understanding what is happening .

 

In 2011 when they were 90 the other twins daughter and her husband had themselves added as trustees which they had no idea what they were signing .

 

Now that they are in care

I have come back from holiday to find that all the contents have been sold bar the tv which I asked I offered a sum as my belief is that everything should be sold .

 

I asked where the items had gone and was told £100 was being put into the account from house clearance .

The bedroom furniture in my mother in laws room was hers and paid for by herself it was nearly new .

 

I know that they had no right to do that and I am seeing a solicitor .

I was advised to get the house valued as they told me that was being sold .

 

I am almost sure they can't do that until they are dead .

But there is a note on the trust that the house can be sold and monies put in an account until they die .

 

Fine but I was advise to get the house valued .

When I spoke to an estate agent he said he had already done a valuation thus is way beyond the market price by 40k which I had done.

 

It was done by a cousin of the trustee who has no interest in the property

I have since found out that she intends to buy it and rent it out .

 

Surely a trustee is acting on my behalf as a beneficiary has to market at the best price .

I don't think it is even going on the market .

 

The only hold up is the councils legal dept checking whether that can force the sale for care fees

these people are adamant they can't

 

but surely they can be forced to rent as the council would rather have some mone than none at all towards their fees .

 

sorry to go on but I am really worried that things are moving too quick.

 

2 trustees who got them to sign when they were 90 bless em they hadn't got a clue .

 

 

Won't go into that it was to make sure I didn't get 50% of the property .

 

 

I've accepted it now so no worries .

 

 

It's complicated to do with the house being bought from council by 2 couples in 1982 the trust was formed at that time .

[Guest]

you are seeing a solicitor so they shld advise you properly.

post back what they say.

 

what power of attorney do you have

[anney63]

Lasting power of attorney and health and well being we have always been very close and particularly so after he only child my husband died 10 years ago

 

Just a lot of worry when mil doesn't even know me any more .

[Guest]

can you say if anyone else has any power of attorney

from what you say, you have power of attorney re one of the trustees (who is now in care).

when you say 'added as trustees'. what happened there. trustees re what trust in the first place. what is the nature of the trust.

[anney63]

Complicated trust to make sure that house goes to children and no one else there is 8 in total one of them is the other ones daughter who is also the added trustee with her husband . Not really bothered about that anymore caused too many problems but I am concerned that they are acting illegally by not selling house if it can be sold at the market price or even putting it on the market . Hopefully solicitor can put a stop to it . Just thought someone on here might know if beneficiaries have a say . The problem apparently was that my inlaws had lived in the house for long time and got 50%discount on the house . Do the other husband paid the other 50% in cash for the house . So the trust names 8 children doesn't say what percentage each gets . So I've been told each gets and equal share my mil had 1 child and the other couple had 7 . When the husband said he was paying cash his children complained that he was spending their inheritance so when I got a solicitor to make sure it was divided properly a couple of years ago. when they died it turned out that these 2 people added themselves and got the signatures in 2011 to makes sure I only got 8th and now they're up to more dirty tricks. As trustees they will divide it up . It will cost me a fortune to fight .not that bothered about cash I'm 75 now I just hate that they think they can do what they please. Only 1 of them is a beneficiary .Just don't want the house sold without marketing it at the correct price not selling it at 40K less just to save them work . Also letting the buyer get the quote when she is already a landlord of a few properties it concerns me .