Update to AIBU to refuse Aunt's fwb claim on her estate.

[Sleepneededprettyplease]

Posting here because it is where I put the first thread.

A brief summery is that my Aunt died and her FWB is trying to say that he is entitled to part of her estate because she had asked me to allow him to stay in a house she had invested in for me. Anyway if you want the full story feel free to read what I put on the first thread.

Anyway the main thing is that he is now sueing in the courts. I need a bit of a hand hold please. My lawyers have suggested getting a barristers opinion so I am just waiting for that. I wouldn't even mind if it was possible to just go to mediation but he wants the house for the rest of his life and won't consider anything else.

www.mumsnet.com/talk/am_i_being_unreasonable/5505433-aibu-to-refuse-aunts-fwb-claim-on-her-estate?utm_campaign=thread&utm_medium=share

I read your previous thread OP, he sounds like an absolute twat! I can’t offer any advice unfortunately, but I just wanted to say I really really hope this gets resolved in your favour as soon as possible. It sounds ridiculously stressful and not what you need in your life. Keeping everything crossed for you 🙏🏻

So your solicitor can say that it has not yet been established that he has any claim at all on the estate and any money awarded to him from the estate at this stage would not be recoverable.

How can a judge possibly award him anything under those circumstances?

Hopefully they won't.

Thank you

Hi @Sleepneededprettyplease hoping some progress has been made for you?

It is getting closer to court dates but no not really much to report. The boyfriend has stopped bothering me at least. The court system just seem very, very slow right now.

One good piece of news is that I am prepping for egg harvest.

Best of luck. Fingers crossed for success!

For both the egg harvesting and the court date.

He can be pursued for costs both at a mediation and if it goes to court. Especially as he presumably has the cash to start this fight and get himself lawyered up.

Poor you, OP. Just hold on tight, this too shall pass and all that. Even if you spend 10s of thousands, it's probably a fraction of the value of the estate, at this juncture. If you go to court, it may cost a couple of 100k, but pursue for costs.

He can't pay costs. He doesn't have the money. He is borrowing from family for his own lawyers fees. No the money spent on this is gone unfortunately but I must focus on the good things and on hopefully getting a conclusion. Any conclusion.

What are they anticipating will happen at the court hearing. Is it a decision or an investigation?

OP why on earth haven't you (and some aggressive looking men seeing as he's a misogynistic pig) just gone and ripped this loser out of the house? 3 years of courts and a shit load of money spent on this loser is absolutely insane.

I'm not criticising you at all. Just wondering if by even entertaining it you've made him confident. Sometimes you just have to do things the old fashioned way. Too late for that now you're in this deep though I suppose.

Interim hearing but my lawyers considering putting in strike out and summery judgement motions to stop it there.

Its been about a year since I told him to leave. I got the possession order early this year which was enforceable from April. Since then the lawyers have advised against enforcing because it wouldn't look good with the court.

Fingers crossed for you OP for good outcomes with everything 💐

Why wouldn't it look good with the court, OP? They presumably made the possession order, after all.

Fair point!

There’s quite a long discussion about that if you want to look back. Basically it won’t look good for her to enforce an eviction and make him homeless when his claim to the Estate (of which OP is the beneficiary) is that he is a dependent.

I fear OP won’t want to come back and update if she has to rehash all this each time!

I'd probably do as you are, OP, and follow the legal advice I'd been given - but I just can't help feeling him being in the house actually supports his case for being a dependent. I wonder if it's worth getting a second legal opinion on that?
It's a real nasty case you're going through - you've had the misfortune to come across one of life's "Takers" - at the worst possible time, because after a bereavement is the worst time for anything. I'm glad he's at least stopped bothering you - good luck with everything.

I am asking the judge in August to clarify. Hopefully I can get him out but I don't want to risk it by being impatient. I my sister is having independent advice and they agree that it wouldn't be good to force the issue right now.

@Sleepneededprettyplease

I agree 100% with listen to your lawyer.

Different matter, but I listened to mine and she never steered me wrong and my outcome was exactly what I had told her I wanted.

Good legal advice is worth its weight in gold, so why throw that gold down the loo by going against it?

Because that would be illegal. Yes she has an enforcement order, but that can only be enforced by a proper licensed company, can’t just take some big men you know round.

That's good - my post was not a criticism - I followed legal advice to the letter during my rather horrible divorce and I won out in the end. It was just a thought, and it's good that your sister has been told the same independently. Your whole situation is a nightmare, and I think, quite unusual, but you're doing everything right.
My therapist's advice when I was going through said horrible divorce was that "it's awful to be going through, but there will be an end to it" - there were times when it felt it would drag on forever - but I kept that thought with me. One day it will be over.

Yeah. I am holding on to that and the oft quoted MN thing of no-one is owed an inheritance. It isn't really even the money it is the fact I know this isn't what my aunt wanted.

It’s one thing to not get an inheritance due to care fees.

It’s a completely different kettle of fish to get an inheritance, but have it whittled down in legal fees due to a fuck buddy trying to swindle you.