Hi callum

I'm really sorry to hear about your Mum, hopefully we can assist.

If your Mum has no income and her only income is benefits based, the the Trustee cannot look for a contribution in any circumstances.

The property is slightly more complicated and depends on what your intentions are in the longer term. You could pay the £500 and that would be the end of the property issue as the Trustee would have no further interest. The other option would be to abandon the property, although your sister would require to find new accommodation. If the property was repossessed then the shortfall would be a claim in the sequestration.

Mark

hi thanks, does that mean if we paid the 500 regards the house, when she is gone we would deal with the building society direct if we wanted to try and buy the house at the loan amount? and the trustee wouldnt have any input to that? the house means a lot to my sister and its causing mum much anxiety thinking about it, if she werent in trust as their is no equity to pay off debts ect i assume we would negotiate with the lender in some way. my fear is if we put £10k into the house to bring it up to scratch to enable it to value well enough to buy it and cover the loan the trust may then insist on it being sold and we loss whats gone into it. i assume if the 500 is paid it is not as simple as paying out to bring it upto scratch and try to make something out of the house to help sister buy something smaller? the trust would want any profit yes? thanks sorry if im blabbing on my heads all screwed up shes only 54 and the thought of leaving my young sister with nothing is making her depressed and if i can sort it that shes fixed up before mum is gone she will go knowing shes looked after a little

Hi callum

Can you tell me in whose name is on the title deeds to the property.

If you pay the £500, then the Trustee should issue you with a formal discharge of interest. Once issued, he could not come back to claim an interest irrespective of what you do.

Mark

hi, the house is in my mums name alone. i am going to see a solicitor to get advice regards dealing with things this week and just wanted to have an idea where we stood thanks

Hi callum

I don't think it will anywhere near be as complicated as you think. Once the Trustee discharges his interest, then that will be the end of it.

The purchase of the property may be a wee bit more complcated as the disposition would need to be signed by the Trustee or if he discharges his interest, then your Mum. Time is obviously an issue therefore.

If you advise the solicitor of the facts, I'm sure he can advise further.

Mark

thank you very much, you have made me feel a lot better! hopefully i can pay the 500 next week and they might give the discharge letter quickly, how long would it normally take? its taken them 3 months and i havent received a payment book for their money yet

Callum

I hope you get answers to help reduce some of your worries!

Selfishly, your post helps put things in perspective.

Yes i know what you mean! we lost dad 3 years ago lifes a bitch but hopefully if nothing else we learn to live klife to the full! thanks for your help and im sure it will make mum feel more relaxed thanks again

No problem, glad to help.

Mark

Hi callum.

I'm really sorry that your mother and you are in this horrible position.

I think it would be a good idea to talk things through with the mortgage lender also. Their perspective may be relevant.