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NicolaW
Contributor

14 Posts

Posted - 02 November 2018 :  11:01:53  Show Profile  Reply with Quote
Hi I'm not sure if I am posting in the right place. I'm looking for some advice for my mother in law. She was discharged in 2010. Her mother passed this year 2018 leaving her house to mother in law and her brother. House was sold. After some checks the solicitor has said he had to contact the company because she had a bankruptcy. After contacting the AIB they have said they have no claim to inheritance as it was after discharge. They have contacted the company and told them this. They've had no reply. The solicitor has contacted the company and had no reply. My mother in law has tried calling them countless times with no answer. Leaving messages for them to contact her. Still no reply. What does she do now? Thanks

TDA (Debt Adviser)
Trust Deed Expert



12644 Posts

Posted - 02 November 2018 :  12:19:00  Show Profile  Reply with Quote
Welcome to the forum NicolaW.

The solicitors will undertake insolvency checks in this scenario as they need to reassure themselves that a trustee has no claim on the proceeds of the inheritance.

Are you saying that your solicitor is struggling to get a response from the trustee who was appointed by the the AIB to handle her case?

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NicolaW
Contributor

14 Posts

Posted - 02 November 2018 :  13:09:03  Show Profile  Reply with Quote
Hi thank you. Yes, hes had no reply from the trustee. No one has.
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TDA (Debt Adviser)
Trust Deed Expert



12644 Posts

Posted - 02 November 2018 :  13:17:32  Show Profile  Reply with Quote
I think this is a question to ask the solicitor in that case.

What will they need to order to distribute the proceeds?

What will they do if the trustee does not respond?

There must be a way to deal with this, given that a trustee (and/or their firm) might not even exist some years after a bankruptcy has ended.

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NicolaW
Contributor

14 Posts

Posted - 02 November 2018 :  13:41:47  Show Profile  Reply with Quote
The solicitor doesn't know much about bankruptcy. He has said he'd speak to someone else for advice on what to do. He wrote to the trustee with the advice he was given stating that he has no claim to the money. The AIB wrote to them with the same and still nothing. I'll get her to contact the solicitor and ask them. The AIB have told her to phone the trustee again for an explanation and take it from there but they seem to be ignoring her. Should she contact a solicitor that knows about bankruptcy and see if they can help? I have no clue about all this its so confusing.
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TDA (Debt Adviser)
Trust Deed Expert



12644 Posts

Posted - 02 November 2018 :  13:54:34  Show Profile  Reply with Quote
I think the solicitor should be able to establish what they need to do fairly quickly via their contacts.

It might be worth leaving them to this for a little while as I'm pretty sure it will all work out absolutely fine in due course.

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NicolaW
Contributor

14 Posts

Posted - 02 November 2018 :  13:57:54  Show Profile  Reply with Quote
Thank you. I'll let her know.
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NicolaW
Contributor

14 Posts

Posted - 09 November 2018 :  09:48:47  Show Profile  Reply with Quote
Hi me again. My mother in law has heard back from the trustee and they have said them and their lawyers are going to fight it. What does she do now? Thanks
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TDA (Debt Adviser)
Trust Deed Expert



12644 Posts

Posted - 09 November 2018 :  09:54:59  Show Profile  Reply with Quote
Hi NicolaW.

On what basis is the trustee seeking to fight this?

It sounds as though your mother in law may want to seek out some legal advice about her position on this.

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NicolaW
Contributor

14 Posts

Posted - 09 November 2018 :  09:56:38  Show Profile  Reply with Quote
Hi they have said the trusteed was never closed. She has spoke to the AIB and they said they'll have someone contact her next week.
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Kevin Mapstone
Trust Deed Expert



3613 Posts

Posted - 09 November 2018 :  09:58:59  Show Profile  Reply with Quote
From the information you have given, I don't see how the trustee has any legal basis to fight it - it doesn't make sense. I agree with Trust Deed Adviser - your mother-in-law needs to get proper legal advice on this.

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NicolaW
Contributor

14 Posts

Posted - 09 November 2018 :  10:05:19  Show Profile  Reply with Quote
Thank you. Ive have found some info on a website. Different name to them but it is a trading name of the trustee company. It says they have no claim to it as its after discharge. Its so stressful for her. Do you know the best place to get legal advice? Thanks
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TDA (Debt Adviser)
Trust Deed Expert



12644 Posts

Posted - 09 November 2018 :  10:11:27  Show Profile  Reply with Quote
Hi NicolaW.

Are you certain that your mother in law was formally discharged?

When did she gain ownership of the property?

I ask because sometimes people sign over ownership of their homes to their children with the condition that they will remain resident in the property for the rest of their lives.

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NicolaW
Contributor

14 Posts

Posted - 09 November 2018 :  10:14:47  Show Profile  Reply with Quote
Yeah she has her discharge papers and the AIB confirmed it. The house wasn't put into anyones names. It was just to be sold when she died and split between her children.
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TDA (Debt Adviser)
Trust Deed Expert



12644 Posts

Posted - 09 November 2018 :  12:54:59  Show Profile  Reply with Quote
Thanks NicolaW.

This does seem odd. As previously suggested, it seems like good legal advice is needed.

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NicolaW
Contributor

14 Posts

Posted - 09 November 2018 :  12:58:31  Show Profile  Reply with Quote
Thank you. Shes thinking of just giving up its too stressful for her. I'll have a look and see wheres best to get advice from.
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