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Original poster

How can I get my inheritance back?

32 replies

Mrsdarcyiwish10 · 13/05/2017 11:14

My dm passed away 5 years ago and left her estate intestate.

My db1 was happy with his lot, other db2 and I were left 50/50 share of her house.

I have covered all extensive legal costs so far. While I was very low with mh issues I was bullied/coerced to sign over my share of the house to my db2.

Now I am regretting that I did this and am wondering if there is any way to rectify this and transfer my share back.

I am not in a good places money wise and really need this inheritance.

Any advice would be appreciated.

OP posts:
Gingernaut · 13/05/2017 11:24

You need to seek legal advice.

As you signed your rights over, you need to bring a copy of the document with you, show it to a solicitor and ask if regaining your inheritance is possible.

If yu can prove you were no in your right mind, there may be some hope.

Original poster
Mrsdarcyiwish10 · 13/05/2017 11:43

Thank you for the reply, I don't have a copy of the document, I will have to ask the solicitor who did the transfer if I can get a copy.

I'm sure my doctor will have records, I just feel a bit stupid to have done this. I will have to save a bit and get some advice when I can.

OP posts:
Sugarpiehoneyeye · 13/05/2017 12:02

Try not to stress too much, there may well be a way around this yet. Go to your Citizens Advice Centre, have word with them, it's all free, and they will guide you in the right direction. Good luck Mrsdarcy.

Original poster
Mrsdarcyiwish10 · 13/05/2017 12:13

Thank you, I just feel so sick at the moment, I think it's just started to sink in now

OP posts:
Neverknowing · 13/05/2017 12:33

Why would your 'D'B take it from you? Won't he sign it back if you explain?
Otherwise since you have your doctors records I'm sure you'll be okay, speak to a solicitor. It may be that you weren't sound of mind enough to sign, good luck!

user1493022461 · 13/05/2017 12:37

That doesn't really make sense. If it was intestate, how was the house only left to 2 of you and not split 3 ways? Everything had to be split equally between surviving children.

SirVixofVixHall · 13/05/2017 12:38

Why did you do this? What is the backstory with your db?

EweAreHere · 13/05/2017 12:48

That's terrible, OP.

I agree with the suggestions to get legal advice right away.

Original poster
Mrsdarcyiwish10 · 13/05/2017 12:55

I can't put too much details in as I will out myself in rl which would add more stress.

Db1 had money equivilant and happy with that.

Db2 wanted house and not happy to share so put the pressure on straight away.

I paid legal costs and db2 supposed to pay me back but now refuses and will not sign house back to me, I have tried.

OP posts:
SirVixofVixHall · 13/05/2017 13:39

Then yes, you need to take legal advice. You may be able to sue him for taking advantage of you while you were suffering from a mental illness. I hope you can resolve this, it sounds terrible. Why did he not buy out your half?

Original poster
Mrsdarcyiwish10 · 13/05/2017 21:47

Dh did not want to buy me out, felt he should have the house free. Constantly on at me about it.

I have found some paperwork which will possibley prove mh issues and not in the right frame of mind to be signing papers, hopefully will be able to get some advice in the near future.

OP posts:
sadmommyhere · 14/05/2017 05:59

Did you db2 know about the mh issues at the time? If so this would go in your favour.
Do you have any copies on him applying pressure and knowing you were ill?

Original poster
Mrsdarcyiwish10 · 14/05/2017 09:04

Yes, he knew I was I'll and why.

OP posts:
DaffodilTime · 14/05/2017 09:08

This is awful he would take what is yours away especially when you sounded vulnerable. I really hope you can get it back

Original poster
Mrsdarcyiwish10 · 14/05/2017 09:17

I hope so too, I feel so daft for signing it over, even my dh said not to but the constant pressure and coercing made me feel like I had too.

OP posts:
Original poster
Mrsdarcyiwish10 · 15/05/2017 14:05

Having a bit of a crisis today, does anyone legally minded really think this is possible before I spend money I don't have on a solicitor?

OP posts:
CormorantDevouringTime · 15/05/2017 14:14

I think this is really difficult without all the details. What does your DB1 think? Does he think you've been taken advantage of? Is your DH any good at paperwork and finances?

I'd start off by talking to both of them and writing a letter to DB2 saying "I was entitled to 1/3 of the estate. Instead I've paid out X amount in legal costs and got nothing while you have a house worth YYY (net of any mortgage). This isn't fair. I'm entitled to 1/3 of our mother's total estate, regardless of the pressure you put on me to sign documents while I was mentally ill. What justification can you give for wanting me to have nothing?" Get him to lay his position on the line.

Was DB2 previously resident in the house?

Original poster
Mrsdarcyiwish10 · 15/05/2017 14:38

Thanks for the reply, db1 no longer speaks to me or db2, I have spoken to db2 numerous times but to no avail, he was living in the house with dm before she passed away. It really is greed with them both.

OP posts:
whatcanIdo1 · 15/05/2017 16:51

OP no words of wisdom except to say how awful this is Sad its so sad when in some families you get people actually giving more of their share if they can afford it to siblings. I hope you get something sorted, its worth a try at least.

Original poster
Mrsdarcyiwish10 · 15/05/2017 19:09

Thank you for all the kind words

OP posts:
Notsandwiches · 15/05/2017 19:54

Did you and DB2 have separate legal representation for the transfer?

MooseBeTimeForSnow · 15/05/2017 20:18

What's your share worth? Inheritance cases can be protracted and expensive. You might be better off just suing him for the costs you paid. I don't understand why those fees weren't cleared first before one brother got the money and the house was transferred.

CormorantDevouringTime · 15/05/2017 20:23

Moose has a point. If the document you signed about the house doesn't specifically cover your right to recover any legal costs you expended in probate then you are absolutely definitely positively owed that money and it would be much easier to recoup.

Original poster
Mrsdarcyiwish10 · 24/05/2017 12:31

Notsandwiches, no, the same solicitor did the transfer (should we have had separate) and then they also did my db's will also (which were included in the costs I paid).

I am trying to get a copy of the form I signed so I can see a solicitor, have spoken to do again who said it is my fault I have nothing from the estate.

OP posts:
RandomMess · 24/05/2017 12:35

The solicitor who did the transfer I believe should have insisted that you had separate independent legal advice...

When ExH and I divorced the financials were sorted amicable, however my solicitor still insisted that ExH sought independent legal advice to protect both of us and her.