letters of administration..

[xperk]

Hi all,

Not sure if this is the correct forum section to post this in.

My mother and father passed away a 5 years ago leaving their property behind without a will.

I have an older brother who we never get along with and we hardly see each other, since we live in different citys. He has been renting the property for 5 years now, with me not getting any share of the rent. I have sent him a letter before and knocked on his door before, asking about the rent, but he has always been ignoring me, saying he deserves all the rent as he looks after his mother and father more than me, which is not true.

I consulted a solicitor and he had advised me to get the letter of administration for that property and I have managed to get the property under my name.

I have been knocking occasionally to get the tenants to move out of the property, so I can rent it to new people, since now I have the lawful right to administrate the building, but the tenants have ignored me and continues to pay rent to my older brother.

Now I have submitted an affirmation to court, to get the tenants to move out, or else the baliffs will come and kick them out, so I expect them to leave soon.

Then my next plan was to take my brother into court and get him to pay back all the money owed of the property, and to do this I would need the old contracts of the tennants.

If I do proceed in taken him to court, he would have to pay me back all money owed, and he would still get the share of the property.

My brother has contacted me recently, saying he doesn't want me to bring this into court and wants to talk and find a way to solve this (probably afraid, since I now have all the evidence and he would end up losing more, including lawyer/court fees etc..).

I personally don't want to go to court, because the lawyer fees would be high and it wouldn't gaurentee that I will win the case.

How would I sort this out without going to court?

Would it be best to talk to him and get him to:

- pay me back all solicitor costs that I have spent

- no need to pay me back the money owed but he will not get any share of the property for the next 5 year, unless he pays me all money owed.

(Am I allowed to make him not get any share of the property forever? because I believe by law, he would still have the right to get the share of the property)

How should I settle this case?

Hope the professionals can help me.

Thanks

 

[TheGeekess]

Hi all,

Not sure if this is the correct forum section to post this in.

My mother and father passed away a 5 years ago leaving their property behind without a will.

I have an older brother who we never get along with and we hardly see each other, since we live in different citys. He has been renting the property for 5 years now, with me not getting any share of the rent. I have sent him a letter before and knocked on his door before, asking about the rent, but he has always been ignoring me, saying he deserves all the rent as he looks after his mother and father more than me, which is not true.

I consulted a solicitor and he had advised me to get the letter of administration for that property and I have managed to get the property under my name.

I have been knocking occasionally to get the tenants to move out of the property, so I can rent it to new people, since now I have the lawful right to administrate the building, but the tenants have ignored me and continues to pay rent to my older brother.

Now I have submitted an affirmation to court, to get the tenants to move out, or else the baliffs will come and kick them out, so I expect them to leave soon.

Then my next plan was to take my brother into court and get him to pay back all the money owed of the property, and to do this I would need the old contracts of the tennants.

If I do proceed in taken him to court, he would have to pay me back all money owed, and he would still get the share of the property.

My brother has contacted me recently, saying he doesn't want me to bring this into court and wants to talk and find a way to solve this (probably afraid, since I now have all the evidence and he would end up losing more, including lawyer/court fees etc..).

I personally don't want to go to court, because the lawyer fees would be high and it wouldn't gaurentee that I will win the case.

How would I sort this out without going to court?

Would it be best to talk to him and get him to:

- pay me back all solicitor costs that I have spent

- no need to pay me back the money owed but he will not get any share of the property for the next 5 year, unless he pays me all money owed.

(Am I allowed to make him not get any share of the property forever? because I believe by law, he would still have the right to get the share of the property)

How should I settle this case?

Hope the professionals can help me.

Thanks

US Law ONLY.

 

[xperk]

Sorry, so no UK law?

 

[TheGeekess]

Sorry, so no UK law?

Not on this forum.

 

[latigo]

Hi all,

Not sure if this is the correct forum section to post this in.

My mother and father passed away a 5 years ago leaving their property behind without a will.

I have an older brother who we never get along with and we hardly see each other, since we live in different citys. He has been renting the property for 5 years now, with me not getting any share of the rent. I have sent him a letter before and knocked on his door before, asking about the rent, but he has always been ignoring me, saying he deserves all the rent as he looks after his mother and father more than me, which is not true.

I consulted a solicitor and he had advised me to get the letter of administration for that property and I have managed to get the property under my name.

I have been knocking occasionally to get the tenants to move out of the property, so I can rent it to new people, since now I have the lawful right to administrate the building, but the tenants have ignored me and continues to pay rent to my older brother.

Now I have submitted an affirmation to court, to get the tenants to move out, or else the baliffs will come and kick them out, so I expect them to leave soon.

Then my next plan was to take my brother into court and get him to pay back all the money owed of the property, and to do this I would need the old contracts of the tennants.

If I do proceed in taken him to court, he would have to pay me back all money owed, and he would still get the share of the property.

My brother has contacted me recently, saying he doesn't want me to bring this into court and wants to talk and find a way to solve this (probably afraid, since I now have all the evidence and he would end up losing more, including lawyer/court fees etc..).

I personally don't want to go to court, because the lawyer fees would be high and it wouldn't gaurentee that I will win the case.

How would I sort this out without going to court?

Would it be best to talk to him and get him to:

- pay me back all solicitor costs that I have spent

- no need to pay me back the money owed but he will not get any share of the property for the next 5 year, unless he pays me all money owed.

(Am I allowed to make him not get any share of the property forever? because I believe by law, he would still have the right to get the share of the property)

How should I settle this case?

Hope the professionals can help me.

Thanks

No UK “professionals” seem to be about.

But you need to hire a UK solicitor and let him escort you through the administration process before you get yourself in trouble. You’ve already mentioned enough here to convince that you don’t what you are doing and are headed that way.

Example, (via the grant of letters of administration)”I was able to get the property in my name”. And “I didn’t get my share of the rentals for the past 5 years so I intend to sue bro for my cut”, etc.,

All as if upon the death of the parents you siblings automatically succeeded as the owners of the property free and clear of any liens, encumbrances, property taxes, creditor claims, inheritance taxes, etc., etc.

Ain’t so, my island friend.