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Mum's Estate

(18 Posts)
WierdMum Mon 27-Jun-16 10:19:29

My mum died 7 months ago, in her will she left her estate equally to her four children.

My dad is a bit confused and thinks the estate must automatically come to him, despite gently telling him about mums will.

My brother A who lives with my dad is an executor. Another brother B is also an executor but is not interested in administering the estate.

Brother A has seen the solicitor who holds the will.
He told us that the solicitor said, despite the will naming us as the beneficiaries, my dad would be entitled to a 1/3 of the estate, if my dad chose to dispute the will.

Is this correct?

So the whole process has stalled.

I feel frozen out of the process.

All my siblings are well of, while I am really struggling financially.

I don't want to upset my dad, but I need some resolution of this.

Any advise, greatly appreciated.

Arfarfanarf Mon 27-Jun-16 10:38:09

What does this mean for your dad? His home sold?
Legally there are rhings you can do if an executor is not doing what they are supposed to do. You could see a solicitor and go down that route.
Or explain to your diblings that you really need what your mum left you and they need to sort it out because otherwise you will have to get legal help.

Do you rhink they are concerned about your dad? What effect will your mum's estate passing to you all have on his quality of life?

WierdMum Mon 27-Jun-16 10:41:01

No my mums inherited property from her brother, my dad is very comfortably off in the family home.

I think mum wanted to make sure that her inheritance went to her children.

Arfarfanarf Mon 27-Jun-16 10:44:19

Ahh. Then it may be legal action is necessary. Or at least saying to the executors that it isnt up to them to decide to not follow the will. They have legal obligations.

I think you might find it very difficult but if they are refusing to consider what a difference this could make to you, because they're ok they dont care about you, maybe falling out is worth doing.

I am sorry for your loss of your mum.

MardyGrave Mon 27-Jun-16 10:49:39

Your father could contest the will by claiming to be dependent financially on your mother. However, he would need to do this promptly really, and your brother as the executor has a duty to fulfill his role in a timely manner. Has the home gone on the market/been sold?

WierdMum Mon 27-Jun-16 10:53:28

Thanks Arfarfanarf smile

I'm currently off work ill with anxiety and depression. Losing mum, being worried about dad, money worries, DSD self-harming, DD maybe having ASD etc etc plus doc just told me Im now in the menopause, is making me ill.

I talked to a friend yesterday who asked what was happening with mums estate. I told it had all stalled. I was frozen out. He said, that knowing my siblings, I had to stand up for myself.

MrsBertBibby Mon 27-Jun-16 10:54:28

If the appointed executors are unable or unwilling to do their job (of executing your mothers wishes as expressed in her will) then you can apply for probate as her will's administrator.

Once probate of the will is granted, your father has (I think) 3 months to make a claim on the estate. If he does nothing, you distribute the estate according to the Will.

WierdMum Mon 27-Jun-16 11:07:06

Mardy my mum was always financially dependent on my dad. She only inherited property from her brother about 10 years ago.
Dad has a really good pension and is very comfortably off.
Sadly dad is mildly confused, thus he doesn't really understand that mum willed her property us. He gets confused about many things these days.

I don't think he would know how to contest.

It's horrible I don't want him upset.
But I have the bank on my back. DH was out of work for 2 1/2 years so I ran up debt to keep our family going.
I'm under a lot of financial pressure and could do with some relief.

WierdMum Mon 27-Jun-16 11:08:46

thanks Bibby smile

then you can apply for probate as her will's administrator

How would I do that?

MrsBertBibby Mon 27-Jun-16 11:31:00

www.gov.uk/wills-probate-inheritance/if-the-person-left-a-will

This should help.

gingeroots Tue 28-Jun-16 15:34:20

It's only the excutor's who can get probate and it sounds as though your 2 brothers are the executors .

You need to talk to your brothers . Why is brother A raising the idea that your father could contest the will and might be entitled to some of what your mum has left to her children ? AFAIK this would only be succesful if your father was in financial need .

The executors are liable to adminster the will according to it's content . Unless brother B has made an official statement to the contrary he is also liable to carry out the terms of the will .

Have you seen a copy of the will ? If probate has been granted you can get a copy , it costs about £10 from here www.gov.uk/search-will-probate.
You'll also get a copy of the probate document which will indicate whether brother B has opted out of the executor's role .

I'm so sorry you're going through all this ,your brothers do sound uncaring .

Rangirl Tue 28-Jun-16 17:28:33

Which country are you in The 1/3rd thing suggestscScotland

WierdMum Wed 29-Jun-16 13:51:40

Thanks again for your replies, very much appreciated. smile

Yes Ginger I have seen the will.

I emailed the solicitor who replied today saying they had wrote to the executors in March requesting instruction and then sent reminders in April and May, saying they do not know if the executors will act and need clarification.

Could I demand to be bought out of estate?
My siblings have the means to do so, without having to resort to getting loans.
They would then be free to administer the estate at their leisure and maybe sell to their advantage when asset prices are higher.
This option would also be the least unsettling for my dad.

Thoughts?

CotswoldStrife Wed 29-Jun-16 14:03:14

Hang on, the house might be jointly owned or in your dad's name - is it definitely part of the estate, does your father live in the house that your mother inherited? I can understand the reticence of the executors to act if it means evicting their own father from his home when he's been bereaved!

No, you can't demand to be bought out and it's not a good idea either as the value of the estate may change. You could ask for an interim payment BUT if the estate is in dispute (eg your father making a claim) then they might not be able to make any payments anyway.

MyKingdomForBrie Wed 29-Jun-16 14:16:33

cotswold OP has quite clearly said that her DF lives in the family home and this is a separate house inherited by OPs DM.

OP I would go round to the brother executors houses and ask them calmly why they are causing a delay and remind them that they have a duty to deal with the estate.

WierdMum Wed 29-Jun-16 14:16:56

No my dad lives in his own house that he lived in with my mum for 40 plus years.
Mum inherited the property 10 years ago from her brother.
The property is empty, mum and dad never had lived there together.

Cotswold are you a solicitor?

WierdMum Wed 29-Jun-16 14:18:08

Thanks MyKingdom smile

CotswoldStrife Wed 29-Jun-16 22:34:30

I'm not a solicitor, but I have administered a few estates (none of them in Scotland, if you are as a PP suggested). They are a pain tbh, and can take a while if there is a lot to deal with.

I don't get the impression that you are being frozen out as a deliberate measure, though it must be beyond frustrating not to know what is happening. Is there any chance of the other sibling who is not an executor getting any info out of A & B?

There was a thread a while back about someone not administering an estate properly -possibly in Scotland - I'm wondering what happened to that one now.

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