rights of deceased

upderebels

Will try to make ths short as possible,

mother passed away last week :(

Her partner of 30+ years(not my father) died 8years ago leaving a will and left his house and contents to his sister but my mother could lve in house as long as she lived.

Both of them were alcohilics and he only had the house from his mother as he and my mother cared for her for 10 years +(no help from his family of 1 brother and 2 sisters)

Her partner was very abusive and controlling and when he died she change her life around giving up drinking and little by little she built bridges and we forgave her for not seeing her grandchildren,the house was a wreck so i spent alot of my money and time making it a comfortable home for her,her gandchlidren were able to look after her and stay with here most weekends.

she had a stroke 2 +years ago and had to go into a home, he's sister wanted the house back but as she had a chance of recovery with good care i refused as the will stated(till death)

Four days have passed since her death and his sister has changed the locks of the house:mad:
1 Can she do this as some of her personal belongs are still there.
2 Is there some time line after a beravement to get her things together,
3 I replace most things in the house with my own money(kitchen and appliances)flooring,bathroom,furniture,tv bedding ect,can i get these back.
HAS THIS WOMEN GOT ANY HEART:mad:

Peregrinus

I am very sorry to hear about your mother. It's good that you reconciled with her before her death.

The house belongs to the executor of your mother's partner's estate who is, presumably, his sister.

Yes, she can change the locks. In decency she might have waited a bit longer than four days, but she can do it.

You are entitled to recover your mother's property from the house (or any property of yours that may be there), and she should co-operate with you to make reasonable arrangements for this.

Any work you or your mother did on the house - maintaining or improving the house itself, adding fixtures and fittings like flooring or a fitted kitchen - now forms part of the house, and your mother's interest in it ended with her death. You could possibly make an argument that you should be compensated for what you spent on improvements (but not on routine repair and maintenance) but it would involve a court battle, take a long time, and might not succeed. You'd need proper legal advice if you were thinking of going down that route.

Furniture and non-fixed appliances bought by you or your mother belong to you or your mother's estate, and they are included in the property that you can recover.

Indricotherium

Peregrinus wrote: »

I am very sorry to hear about your mother. It's good that you reconciled with her before her death.

The house belongs to the executor of your mother's partner's estate who is, presumably, his sister.

Yes, she can change the locks. In decency she might have waited a bit longer than four days, but she can do it.

You are entitled to recover your mother's property from the house (or any property of yours that may be there), and she should co-operate with you to make reasonable arrangements for this.

Any work you or your mother did on the house - maintaining or improving the house itself, adding fixtures and fittings like flooring or a fitted kitchen - now forms part of the house, and your mother's interest in it ended with her death. You could possibly make an argument that you should be compensated for what you spent on improvements (but not on routine repair and maintenance) but it would involve a court battle, take a long time, and might not succeed. You'd need proper legal advice if you were thinking of going down that route.

Furniture and non-fixed appliances bought by you or your mother belong to you or your mother's estate, and they are included in the property that you can recover.

Is there any case law on what a fixed appliance is??

Peregrinus

Basically, if it's fixed to the house, and if removing it would be considered to damage the house or diminish its value, it's a fixture. So doorknobs, light switches and such are fixtures. So are double-glazed windows, ducted air conditioning, floor tiling, fitted carpets. But a free-standing air conditioning unit is not a fixture. Neither is a rug, say,if you have rugs over boards rather than fitted carpets. Curtains are not fixtures but curtain rods usually are. Moveable furniture is not a fixture. Fitted kitchen cupboards are fixtures; a free-standing press, not. A built-in oven is a fixture but a cooker, even a plumbed-in gas cooker, is not. Paint or paper that you apply to the wall is a fixture; pictures that you hang on the wall, not.

upderebels

thanks to all for all the advice and information

,not too worried with the money and time spent making the house more cofortable for my mother,hope the op is cursed for her actions,i went to see op but they refused to answer the door to me ,left note saying i want her personal belongings and phone no for her to contact me.still waiting,

how much would it cost for me to send her a letter from a solicitor stating i want what was her's and would it help,