power of attorny and court action advice please.

[hatsanman]

hi everyone, my brothers wife passed away 5 years ago and in her will she said my brother could continue to live in her house for the rest of his days or until he remarried then the house would be returned to her 3 grown ups.

 

3 weeks ago my brother was taken into a nursing home and will never return to his wifes formal home as he is so ill and not expected to live much longer. 2 weeks ago the 3 grown ups who now own the house broke into the house awith a locksmith and took control of house changing locks etc without any court order I may add.

 

The 3 grown ups solicitor wrote to my brothers solicitor asking my brother for £25 thousand pounds to repair damage done to the house which my brother does not have. my brother gave me power of attorney in 2012 so if the 3 grown ups decided to sue my brother for 25 thousand which he dosnt have would I then become responsible to pay it myself?.

 

I have no conection to house financially or anything else. ive never taken out any loans debts nothing at all either in my name or my brothers. any help and advise id be most gratefull for many thanks.

[Guest]

25k to break into a house! wld've thought it wld just involve breaking a door down, and then replacing the door and all the locks to secure, if they were entitled. wldn't cost 25k?

anyway, seems unlikely that you wld be legally liable re just by a PofA. what PofA do you have.

[hatsanman]

25k to break into a house! wld've thought it wld just involve breaking a door down, and then replacing the door and all the locks to secure, if they were entitled. wldn't cost 25k?

anyway, seems unlikely that you wld be legally liable re just by a PofA. what PofA do you have.

hi ford and many thanks for the quick reply. I thinkive misguided you somewhat. there was quite a lot of damage according to the 3 grown ups which they discovered when they broke in and they estimate it at 25 k. I have lasting power of attorney.

[renegadeimp]

What damage? They cannot just claim a random number. 25k is an extremely high amount and would basically mean the entire house needs gutting completely and starting over.

[Guest]

...I have lasting power of attorney.

re? ppty/financial and/or health

[hatsanman]

re? ppty/financial and/or health

hi ford, I have both. re damage I havnt a clue as only met folks complaining 5 yrs ago as their mothers funeral. im seeing solicitor in morning so she will tell me where I stand but thank-you everyone who gave and input

[Guest]

. im seeing solicitor in morning so she will tell me where I stand but thank-you everyone who gave and input

ok, let the thread know what sol says.

[Mr.P]

Having a PoA does not make you financially liable for anything that your brother may or may not have done. As for the property, presumably it was held in trust and the brother had a lifetime interest. You would need sight of the will and find out exactly what it said about maintenance and upkeep of the property.

 

It could be that there was a requirement to maintain the property in a reasonable state of repair, and the three children are trying to extract funds to refurbish it to modern standards in preparation to sell. The first step would be to get a detailed breakdown of this £25K and how the figure was arrived at. Just because the bathroom and/or kitchen is a little tired would not justify such a claim.

[hatsanman]

Having a PoA does not make you financially liable for anything that your brother may or may not have done. As for the property, presumably it was held in trust and the brother had a lifetime interest. You would need sight of the will and find out exactly what it said about maintenance and upkeep of the property.

 

It could be that there was a requirement to maintain the property in a reasonable state of repair, and the three children are trying to extract funds to refurbish it to modern standards in preparation to sell. The first step would be to get a detailed breakdown of this

 

hi mr p, you have just told me what I really asked for i.e im not financially liable which was was I was asking in the first place so a very big thank-you for that.

 

when my brothers wife past away 5 years ago in her will she said my brother could live in the house rent free for the rest of his days or until he remarried then the house went to her 3 children which isn't a problem its just the way they went about seizing the house.

 

yes there was a requirement he keep house in good order but my brother at this moment in time is in a nursing home dieing. over the past 5 years his health has got worse and worse and basically he cant do nothing as he is bed ridden and can only just about speak.

 

I don't know where the children/grown ups came up with this figure of 25k but that's all they seemed interested in in the 2 minutes I saw them for 2 weeks ago. they even admitted they would sell the house as it stands so just after money. I have already told their solicitor my brother does not have that sort of money and if they decide to sue my brother by the time it got to court he would be gone as he really is that ill that's why I posted my original question if they could then come after me to pay out of my own pocket.

 

thanks again mr p you have taken a huge weight of my mind.

Edited February 16, 2017 by honeybee13
Paras.

[Mr.P]

Should you wish to pursue it, (in your capacity as attorney) you could make a claim for illegal eviction, press charges for breaking and entering, and even sue for compensation. The three children are already on a sticky wicket, and could find themselves in a great deal of trouble.

 

It would be interesting to see what your solicitor has to say about it.

[hatsanman]

Should you wish to pursue it, (in your capacity as attorney) you could make a claim for illegal eviction, press charges for breaking and entering, and even sue for compensation. The three children are already on a sticky wicket, and could find themselves in a great deal of trouble.

 

It would be interesting to see what your solicitor has to say about it.

hi mr p, your are so right as my brothers solicitor confirmed today. I was also told im not responsible for any debts which is what I wanted to hear so all good.

[Guest]

[Guest]

it's odd that one sol, who shld be in the know, is asking another sol, who is in the know, for something they're not entitled to.

but, there it is. hopefully it now wont get litigous

[Ethel Street]

Another thought hatsanman, who was the Executor to the Will of your brother's wife?

 

I'd have thought that once your brother stopped living there the house came under the legal control of the Executor. Without the permission of the Executor the 3 beneficiaries aren't legally entitled to break in and take occupation of the house. Unless they themselves are the Executors, or have the permission of the Executor, not only are they liable for the damage caused by breaking in they could be prosecuted for criminal damage.

[Guest]

as mr p posted. it seems it is in trust, so the trustees have 'control'. the trustees may well be the executors, who may well be some or all of the '3 grown ups'.

from what has been posted, brother is entitled (in trust) to the place 'to the rest of his days'. the trustees overseeing that trust.

as mr p posed, all depends on the full circs etc.

[Ethel Street]

as mr p posted. it seems it is in trust, so the trustees have 'control'. the trustees may well be the executors, who may well be some or all of the '3 grown ups'.

from what has been posted, brother is entitled (in trust) to the place 'to the rest of his days'. the trustees overseeing that trust.

as mr p posed, all depends on the full circs etc.

 

Executors are Trustees for property they hold on behalf of the beneficiaries (unless a separate Trust was established for the house - unlikely in cases like this), but my point to hatsanman is that unless the 3 beneficiaries who broke in and took control of the house are the Executors (or Trustees) their action was probably illegal and potentially they could be prosecuted for causing criminal damage. And would be personally liable for the damage.

[Guest]