commodity trading

Mother gave him his inheritance early, now he's dead she wants me to pay it back. What do i do?

Posted under Sell and Rent Back by admin on Wednesday 3 March 2010 at 2:25 pm

Nine years ago my partner and i bought a house together in joint names. He was unable to sell his house so he rented it out for 2 years till it sold. In the meantime, he asked his mother to lend him the shortfall but she gave it to him saying it would save him waiting until she died for his inheritance. To cut a long story short, she lived with us for 5 years until he died. Two years after that, i was taken ill and was unable to care for her (she was 96 and i’m disabled) so she went into care. i was told by social services that since i wasn’t a relative she was nothing to do with me and arrangements were made for her to go live with her granddaughter near London. i found out yesterday that she didn’t go.

This weekend, i received a letter from the local court saying that proceedings are underway and that i have to attend in 3 weeks as she wants her money back and an interest in the house plus rent. It’s been 3 1/2 years since he died.

Please can anyone tell me what to do?

13 Comments

  1. Comment by Carlito — March 3, 2010 @ 2:25 pm

    Get yourself a lawyer now (or whatever you call them in your country). Dont wait.

  2. Comment by OriginalBubble — March 3, 2010 @ 2:25 pm

    Get a lawyer ASAP

  3. Comment by fatgirl615 — March 3, 2010 @ 2:25 pm

    Unless she gave the money to you directly (in the form of a check or some other traceable transaction), I don’t see how she has any legal reason to expect you to pay her anything.

  4. Comment by sandy s — March 3, 2010 @ 2:25 pm

    You need to get a solicitor – fast. No-one on here can give you the sort of expert advice you need.

  5. Comment by Liz H — March 3, 2010 @ 2:25 pm

    I am so sorry for all you are having to deal with – I am not sure what I say will help but I do hope it will –

    First contact a few lawyers – find one that will help and be ready for court, ask your lawyer if you can charge her rent, I am not sure but if you and your partner were not married and you did not sign any papers inreguards to his inheritance than it is not a loan and what he did with the money is of no consequence to you -but it has been years since I was in England and laws change and I am not sure how things go there anymore, so I can only say that since you are not related and did not directly benefit from his monetary agreement with her you would not be responsible – however you did care for her after the death of your mate for as long as you could – I would ask if you can claim her care and rent as well for a counter should it be something she can pursue.

    I am so sorry this has come to pass, I am sure you could do better then to have to deal with this… I am so sorry. Please let us know what happens. Good luck to you and take care.

  6. Comment by xlauraxmariex — March 3, 2010 @ 2:25 pm

    A lawyer is the only one who can help you.

  7. Comment by Peggy R — March 3, 2010 @ 2:25 pm

    Why would you have to pay her back if you were caretaking her son and her?

  8. Comment by annie b — March 3, 2010 @ 2:25 pm

    omg! that is sooo unfair!

  9. Comment by SY — March 3, 2010 @ 2:25 pm

    She gave the money to her son it was nothing to do with you, you are not married. I would fight her all the way she s 96 she might die before its resolved.

  10. Comment by karen h — March 3, 2010 @ 2:25 pm

    well obviously see a lawyer..but also give her a bill for the 5 years that you cared for her in your home ..works both ways i would think!

  11. Comment by chunky_pitbull — March 3, 2010 @ 2:25 pm

    I spoke to my mate who is a solicitor and he said you need legal advice ASAP, unless she had written agreement with her son that it was just a loan then she doesn’t have a leg to stand on, plus she lived with you for 5 years so you can say that she owes you back rent as a counter claim. GET LEGAL HELP NOW. You can still apply for legal aid, you may be eligible. Good luck.

  12. Comment by Weed — March 3, 2010 @ 2:25 pm

    Get a solicitor, asap, she said it was his inheritance, so she should not be asking for it back, only if it was a loan, but it was nothing to do with you was it ?she got 5 years out of his inheritance as she lived with you for that long,

  13. Comment by claire — March 3, 2010 @ 2:25 pm

    well she didn’t give the money to you so how can she expect you to pay it back i don’t think it sounds like she can make you repay it because there is no proof that it was you she gave it to ,you need to concentrate on yourself and your health try not to let it get to you she sounds pretty bitter she should be gratefully that you looked after her for 5 years good luck with it all

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