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Legal matters

Inheritance worry

26 replies

BetteDavis01 · 19/10/2016 18:23

I wonder if someone can advise and reassure me please.

I have been left a cash gift in my relatives Will, she died a couple of months ago. Probate has been granted. I have a copy of the Will.

I do not get on with the executors, to the point where we cannot communicate with each other and I actually fear for my safety if I am physically near them ( long backstory)

Due to the bad relations between us I am worried that they will try and not give me my Inheritance, can they do this?

I don't know whether they are dealing with the whole thing themselves or have instructed a solicitor, I'm left in the dark. Is there anything I can do? Thanks

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BetteDavis01 · 19/10/2016 18:33

Bump

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PotteringAlong · 19/10/2016 18:34

No, they legally have to give you the money. Do they have your address to send you a cheque?

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PotteringAlong · 19/10/2016 18:36

For info though, my grandmother died in February, there was no problem with the estate, my parents are executors and although all the probate stuff has been granted I've still not received the money. It's a long (and not fast) process.

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RueDeWakening · 19/10/2016 18:38

My Great Uncle died in December 2014, I didn't receive my inheritance until this spring, so about 15 months in total. I wouldn't worry yet.

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BetteDavis01 · 19/10/2016 18:39

Yes they do have my address. Sorry to ask loads of questions but I've heard nothing. Is this normal?

Due to our history, they will not put themselves out to communicate with me to keep me informed so I'm in the dark. How long does it take? If they can get away with not giving me my money they will.

What is a realistic expectation of time to expect to wait for my gift?

I'm confused by this whole process.

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PotteringAlong · 19/10/2016 18:41

It's completely normal to hear nothing. I wouldn't expect to receive anything in less than 8 months and even then it's not sinister at all if it takes longer.

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PotteringAlong · 19/10/2016 18:42

Fwiw my mum reckons Grandma's money will be through either just before or just after Christmas, which will be around 10/11 months after she died.

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BetteDavis01 · 19/10/2016 18:42

Thanks Pottering & Rue, i guess there's no 'right' amount of time but I suppose I'm anxious because I don't trust them.

Do I have any legal rights if they do not hand over my gift? How am I able to find out what is going on? It's so difficult

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PotteringAlong · 19/10/2016 18:44

If they don't hand it over then they can be arrested for theft. If you've got the will can you contact the solicitor and ask?

But, in all honesty, if they only died a couple of months ago I would expect nothing before next Easter at the earliest.

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BetteDavis01 · 19/10/2016 18:45

Thanks Pottering x

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Collaborate · 20/10/2016 08:13

You can check with the probate registry so that you're notified when they get probate (the official document that enables them to administer the estate). Contact your local probate registry and initiate a "standing search".

Also, if you have an idea what assets there were you should be able to work out how long you'll have to wait. If all the deceased had was a pile of case you won't have to wait long. If all they had was a house you'll expect to have to wait until that's sold.

There might be a significant delay in getting probate if there are no immediately realisable assets yet there is inheritance tax to pay, as all IHT must be paid before probate is obtained.

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BetteDavis01 · 20/10/2016 10:25

Thank you collaborate. There is a house to be sold.

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Cleo22 · 20/10/2016 10:49

Get on rightmove and search the postcode the house is in - that way you can follow progress with the sale and will have a better idea of what is going on.

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Cleo22 · 20/10/2016 10:52

Also sign up for Land Registry property alert

propertyalert.landregistry.gov.uk/

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kath6144 · 20/10/2016 23:14

Op - do you know if the deceased had any cash assets that would cover your inheritence, or will the house have to be sold before you can recieve your money? Are there many other beneficiaries. Who has applied for probate, the executors or a solicitor on their behalf?

My mum died in Feb, we had probate in 2.5mths, cash was settled out just after that, house sold early April, completion was end of June and estate all sorted by end of July. However, it was very simple, with all cash in one institution and my Brother and I as joint executors and beneficiaries (but me doing work). No solicitors involved.

OTOH, my cousin died 18mths ago, my DC were 2 of 9 beneficiaries, executors were his solicitors. It was just over a year before all estate was
split out, although an interim payment was made after about 5mths. My DD is still under 18 so her money is being handed over into control of DH and myself. That has now been ongoing for 8 months now, solicitors can be v v slow!!

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confuugled1 · 20/10/2016 23:22

Do you know any other beneficiaries of the will that could let you know when they get their bit? Then at least you'll know when they are starting to distribute the estate - and when to start chasing or instructing a solicitor, talking to the land registry and probate office etc - if you know that some people have had all they are due and you haven't heard anything.

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BetteDavis01 · 21/10/2016 13:20

It's a complex situation and the short answer is No, I can't ask the other beneficiaries. So I'm left wondering, due to the bad relations they will probably pay me out last, but how long can it be dragged out for?

What happens if they just point blank refuse to pay me my share? I'm so angry, long backstory, but I've been abused by these people.

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BetteDavis01 · 21/10/2016 13:28

I'll be livid if I have to instruct a solicitor to get my share. Not fair is it? Can they get away with doing that to me? I don't know how these things work. It would be rubbing salt into an already raw wound x

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Hrafnkel · 21/10/2016 13:45

Similar happened to me. Executor was a fraudulent, swindling motherfucker. She wasn't a blood relation but didn't even inform us of the death.

We kept in close contact by email so she knew that when the property sold - took ages - she would know and not be able to fob us off. We never met in person.

Could email work for you too?

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TheHiphopopotamus · 21/10/2016 13:52

My friend is in the middle of a similar situation.

Her relative is the executor of a will in which DFr has been left money. This was about a year ago.

DFr still hasn't received the money. She went to see a solicitor who wouldn't touch it, and neither will the solicitor who drew the will up. Seems a waste of time making a will if the executor can just ride roughshod over it and do whatever they like.

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BetteDavis01 · 21/10/2016 14:06

Omg, this is really worrying. I wonder why no solicitor would help your friend? X

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BetteDavis01 · 21/10/2016 14:08

The house is on rightmove as STC, So I would imagine in a few more months it will appear as Sold. I think I'll be able to track the house sale online.

I'm gobsmacked that the executor can get away with not paying out. Can they be sued or arrested for theft?

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TheHiphopopotamus · 21/10/2016 14:58

My friend has mental health problems so it's really hard for her to face up to and sort things out.

I think she's going to try and talk to the CAB and if not, I've said I'll come with her to try another solicitor.

Last resort will the police I suppose as it's theft.

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BetteDavis01 · 21/10/2016 15:34

I hope everything works out for your friend x

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gillybeanz · 21/10/2016 15:38

We got everything sorted in a couple of months but we (my sister and I) were also the executors so it made sense to get on with it.
If the executors are due to inherit too it might not be so long, depending on how much they have to sort and what time they have to spend doing it.

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