please could someone help

[diane118]

hi please could you help me my dear mum passed away 3 months ago and as far as i no she never left a will so my brother and i will share her house my mums wishes were that my brother lives there when she dies as he as never married and lived there all his life i would want to respect her wishes for him to live there.
she only had her house to leave as my brother has half her left over money from her pensions after the bills were paid saved up in his savings accounts and the other half he has spent on vintage items on ebay all this totals up to around 40k can i do anythink about this please as i feel that if mums money was in her account we would both have a share of it.thanks

[ummmm]

What does your brother say about it?

[Prudie]

More to the point what does your sister say about it (from one of your previous questions about your uncle with no will)?

[factor-fiction]

Are yous aying he stole the money so you want him to be charged with theft?
Maybe your mum wanted him to have it.It's likely that the money was in his name so the savings wouldn't affect pension credit. If you report it to the DWP they may claim back some pension credit

[woofgang]

How does he have her money? if she gave it to him, its not hers. I think your best option would be legal advice. Solicitors will do you a fixed fee interview to get a fell for what your options are

[diane118]

hi he tells me that she said he could have it, a few years back i told her that my brother had saved up 28k of her money and she did not belieave me as he was always telling her how hard up he was, she said she would want me to have half of it as my brother would be living in the house for the rest of his life.

[woofgang]

sadly, she would wants don't count in law...GET SOME REAL ADVICE!

[saxy_jag]

By law, anything she left - including anything saved up on her behalf (although if it's in your brother's name then there may be little you could do about it) is divided equally between her surviving children. That includes the house and any money left after paying out the bills.

[Prudie]

Again though I ask, what about your sister?
http://www.theanswerb...l/Question384818.html

[diane118]

hi i made up i had a sister incase my brother saw it and new it was me posting at that time.

[boxtops]

Diane, go to a solicitor, you need to get this sorted out. If your mother had no will then she died intestate and it's not just a simple matter of you and your brother agreeing it between yourselves, it needs to be fair and legal.

[diane118]

in 2006 my brother got done by the social for claiming carers priemuim which if you claim you are not to have much savings at that time he had 28000 saved up they asked him where he got it from as he did not work.

[Prudie]

Diane I'm sorry to be suspicious but it's easy to see all your previous questions and you have been asking about wills and brothers, sisters, uncles and friends along similar lines since 2007.

[diane118]

hi what got my back up with him was, quite a few year ago i took on extra work to pay for mums carers each week as my brother said they could not afford it then 2 year later i found out he had 28000 saved.

[boxtops]

Go to a solicitor......

[diane118]

hi they cost alot and i have not got much money is there any other way i can find out what my right are please

[mike11111]

In law the money in your brother's savings account is his whilst the house belongs to him and you jointly. What you with your share is up to you.

[diane118]

hi how do i get my share of mums house as i dont want him to sell the house as mums wishes were that he should live in it if he wanted to and he does.

[boxtops]

Diane you may be entitled to legal aid, you won't know unless you ask. Why not try your citizen's advice bureau first, they should be able to advise you if you are entitled to legal aid and can give you names of solicitors local to you. This is too big for you to handle on your own. If your mum didn't write down her wishes and have the paper properly witnessed then the situation needs proper legal advice.

[mike11111]

You get him to buy you out. If he can't afford it or get a mortgage you have no option but to sell or wait until such time as he moves. You really need to get both your names on the deeds as a matter of priority to avoid future complications.

[boxtops]

PS - it may be that if he wants to stay in the house, your brother can give you half the value in cash - it's a bit like someone wanting to stay in a house after a divorce, the one who wants to stay has to buy out the other one. There are people on AB who can hopefully give you better legal perspectives than I can - but I can't say enough, you need legal advice, if it has to be contested then you need someone who understands all the aspects of this to be working for you on it.