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Where Taxpayers and Advisers Meet

debts/claim against an estate long closed?

Palin74
Posts:4
Joined:Fri Aug 25, 2017 3:22 pm
debts/claim against an estate long closed?

Postby Palin74 » Fri Aug 25, 2017 3:26 pm

Hi

my father died over a decade ago and his estate was closed shortly after his death and assets passed to my mother

one of those was a two semi detached houses which my mother signed over to me as a gift which has been accounted for in terms of IHT and CGT

I have recent found out that my father did not actually own this property and was merely looking after them as a trustee for his aunt, this seems to have been forgotten about or misunderstood as my father retained the rent for himself for many years, hard to tell but possibly up to 25 years, maybe more and did not give my aunts children any share


We have looked into adverse possession but have been told its not possible as my father was a trustee and a trustee cannot adversely posses

Now this is come to light i am left with a property which i cannot do anything with and possible debts?


I have personally only received a small amount of income as they are old houses and currently empty but i was wondering who would be responsible for the moneys my father received as rent going back years if any claim was to come forward which could be tens of thousands?

thanks in advance
Ken

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: debts/claim against an estate long closed?

Postby maths » Fri Aug 25, 2017 5:22 pm

If your father never owned the property how on his death did whoever acted for his estate managed to be under the impression he did own them?

Who was on the legal title at Land Registry at that time?

Did not any document exist showing that father apparently held the legal title on trust for your aunt?

Palin74
Posts:4
Joined:Fri Aug 25, 2017 3:22 pm

Re: debts/claim against an estate long closed?

Postby Palin74 » Fri Aug 25, 2017 5:50 pm

it was not me but from what i know it was wrongly believed by those concerned that he inherited the properties from his mother many years ago and acted as the owner until death

the properties were unregistered, its only now when reconstructing the deeds that we see that his aunt actually owned them

the trust is created by him being her executor i believe, maybe not a written trust but enough to prevent him having obtained adverse possession

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: debts/claim against an estate long closed?

Postby maths » Fri Aug 25, 2017 7:12 pm

Did aunt leave a will ?

Had aunt's husband died before aunt?

How many children had aunt at the time of her death?

Palin74
Posts:4
Joined:Fri Aug 25, 2017 3:22 pm

Re: debts/claim against an estate long closed?

Postby Palin74 » Fri Aug 25, 2017 7:21 pm

Husband died before her

2 children left the entirety of her estate in Will no mention of aforementioned properties. Presumamby under mistaken belief she didn't own them.


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