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Original poster

Mother died intestate!!

60 replies

NuttyCasey · 23/03/2017 09:32

Am hoping someone might be able to give me some advice on this one!

My mother died last year intestate, so she left no will stating how she wanted her money and possessions distributed. It's a fair sum of money, and there is only (legally) myself and my brother who can inherit due to the law. However, my brother stopped ALL contact with her over 8 years ago and her friends have told me that she wanted myself and my son to inherit most of her money, but didn't want to leave my brother with nothing.

However, I have since found out she took out a life insurance policy. Letters of Administration have been granted to just myself as my brother didn't want to be involved but wanted his share of her money. I proposed to my solicitor distributing the money 3 ways (including my son as my mum adored him) but he said i would have to have something written up and my brother sign off on it. However I don't think things would be that simple with my brother once he finds out how much money is involved!

My question is, I have told only my OH and a close family member about the life insurance policy, no one else knows about it (including my brother). So if he doesn't know about it, there's no chance of him taking me to court down the road? I can't understand how it would become a problem if he never finds out the life insurance exsisted??

I'm not being mean to him (it would be for his own safety to be honest as he supposedly does drugs and drinks quite a bit) and nor would he be left without any money, it would be a substantial amount. I also know that my mum wouldn't have wanted him to have half and leave my son with nothing.

Sorry for the long post x

OP posts:
Floggingmolly · 23/03/2017 10:40

Everything she left will form part of her estate... Confused. Why would you think otherwise? It's certainly not up to you to decide that she would have favoured your son over her son in terms of who got what.
She had the option to do just that. And didn't.

Original poster
NuttyCasey · 23/03/2017 10:47

Can people stop insulting my mum please? I'm fully aware she could have made a will and didn't, however she died quite young and VERY unexpectedly therefore I can only judge her for not making one to a certain extent.

OP posts:
Floggingmolly · 23/03/2017 10:49

I can't believe you "proposed" dividing the money three ways to your solicitor, and now fear it won't be easy getting your brother to sign a waiver allowing you to do that Grin
What planet are you on?

CotswoldStrife · 23/03/2017 10:58

Nobody has insulted your mother - it's not unknown for people not to make wills, but it is unusual if they have fixed views on who should inherit their estate Hmm

Probate (or Letters of Administration in your case) is a legal obligation to distribute the estate according to the will or the laws that apply in this case and your solicitor is right about the fact that your brother would need to agree to distribute his entitlement differently than the law. If you don't declare all of the estate you are breaking the law.

LIZS · 23/03/2017 11:04

If you went ahead and denied your brother his rightful money you could find yourself in a costly legal dispute which financially and emotionally could leave you all worse off than giving him his share now. Is that really what your dm would have wanted?

ImFuckingSpartacus · 23/03/2017 11:05

Nobody insulted your mother, or judged her.
Except you.

BagittoGo · 23/03/2017 11:10

Your brother stopped contact not your mother. It's clear from the lack of will that she may have wished for a reconciliation with him. Also if she wanted you and her grandson to have all her money why didn't she tell you? You say she told her friends who then told you? That's here say really.

You need to do the right thing. It's awful how death brings out the worst in those still living. After 3 close family deaths over the last 10 years I will be writing a will distributing even my last bag of sweets and remain non contact with those everyone believed would be honest, put family first etc etc to then just care about gains for themselves.

FourFlapjacksPlease · 23/03/2017 11:14

I think passing this off as concern for your brothers welfare is pretty low.

Birdandsparrow · 23/03/2017 11:29

As far as I know (my dad died intestate, although there wasn't much money) you must apply for probate to release anything from the estate and at that point declare everything. Then it will be split equally between all legitimate heirs.
But I'm not a lawyer.
if she'd really wanted you to have had it all she'd have made a will to that effect.

juneau · 23/03/2017 12:12

Her estate should be divided between you and your DB 50/50. However, if she left a life insurance policy with specific beneficiaries (you and your DS?), then you should get that portion in its entirety as that money isn't part of her estate (I think!)

titchy · 23/03/2017 12:40

Everything she left will form part of her estate...

Except that's NOT true as several posters have pointed out. The life assurance which is the thing OP has specifically posted about may well NOT form part of her estate...

AlPacinosHooHaa · 23/03/2017 13:30

I am afraid saying she would have done - etc is not that simple. I too have had parent pass on and been estranged from child, they always wanted to do will to exclude but at the same time in deep denial about their health.

So saying she would have done will etc is not that simple. Did she die suddenly> was she open about these things? Perhaps she did still love her son but didnt want to admit this to op or even herself.

My parents health conditions suddenly reared up and they got all panicky about the Will and quickly made one after years of procrastination.

Op as much as it pains you, as much as you feel this isnt fair, I think you need to just split things half and half. In many ways your brothers relationship with his mother is non of you business now, and she didnt take steps to block him for whatever reason, I suspect like mine, yur relationship with your db is already shot to pieces but I cant see any other way round this. She did not sadly, clearly state her wishes.

On the plus side..if there is a generous pot of money you and your son should end up with decent amount?

AlPacinosHooHaa · 23/03/2017 13:32

nutty ignore comments! wills and money bring out strange resopnses sometimes.

ImFuckingSpartacus · 23/03/2017 13:40

Ignore comments? WTF is the point of posting asking for comments then?

And I don't think "no, you can't steal your siblings inheritance" constitutes a strange response Hmm

The life assurance which is the thing OP has specifically posted about may well NOT form part of her estate

If it was designated to OP as sole beneficiary I don't think she'd be asking if she'll get away with hiding it from her brother, while planning to take some oh his inheritance for her son!

kath6144 · 23/03/2017 14:34

Op, to apply for probate - or in your case letters of administration - either you (or your solicitor if they are doing the work) will have, or need to, sign an oath stating that all figures for estate on the forms are correct.

The probate office can randomly audit estates, so you would be pretty foolish to leave a life insurance payment off the form, as if they do audit your mums estate, they would find out about it fairly quickly I am sure. You would then be guilty of fraud.

AlPacinosHooHaa · 23/03/2017 20:52

Yes it is a dubious response, because Op is obv in a state and trying to work out what to do - she is simply throwing information out there, accusing her of stealing etc is not really helpful.

I say this as somoene who could easily have been in a similar situation, i was lucky and my dp pulled rabbit out of hat after sudden illness....

ImFuckingSpartacus · 23/03/2017 20:56

Yes it is a dubious response, because Op is obv in a state and trying to work out what to do

She;s trying to work out how to defraud her sibling, the only state she's in is a criminal panic.

LuluJakey1 · 24/03/2017 19:55

You will have to show the grant of probate to have the life insurance policy paid.mIf there is no will, you should have all funds payable to an account specifically set up for the estate probate.mThis is where the money is then divided up from.

Your brother is entitled to a statement of all of the estate credits and debts and the amount left. If you don't tell the truth you could be charged with fraud.

Has to be done.

Northernlurker · 24/03/2017 20:03

You have no choice about this. Give your brother what he's due. What he does with it is not up to you. Your son will benefit from inheriting from you in due course, if you haven't made a will, make one.

dontcallmethatyoucunt · 25/03/2017 08:56

You will have to show the grant of probate to have the life insurance policy paid No you won't, not if its in Trust. I'm a Chartered IFA and I can assure you a death certificate will do the trick.

LuluJakey1 · 25/03/2017 14:18

Is it in Trust? I didn't see that.

lottieandmia · 25/03/2017 14:24

'The truth will (usually) out'

It's completely irrelevant what your brother would spend the money on I'm afraid. I agree with others that your mother would have made a will if she was adamant she didn't want him to inherit any money. When someone dies it's so important to do the right thing and not telling your brother about the insurance policy would wrong morally as well as legally. And What would your son think when he's old enough to understand that you decided to lie and cheat?

TapOut · 25/03/2017 14:30

I proposed to my solicitor distributing the money 3 ways (including my son as my mum adored him)

That's outrageous and very shady Shock Shock

JigglyTuff · 25/03/2017 14:42

I don't know why people are suggesting the Life policy is in trust - the OP hasn't said that at all.

The OP seems to be suggesting a clear attempt to defraud her brother:

"I proposed to my solicitor distributing the money 3 ways (including my son as my mum adored him) but he said i would have to have something written up and my brother sign off on it."

which would seem to suggest that it hasn't been left to the OP and her DS in trust - merely that she would prefer that her brother doesn't get any of it. She then goes on to confirm this:

"My question is, I have told only my OH and a close family member about the life insurance policy, no one else knows about it (including my brother). So if he doesn't know about it, there's no chance of him taking me to court down the road? I can't understand how it would become a problem if he never finds out the life insurance exsisted??"

I think that makes the OP's intentions fairly clear. She is hoping that people will tell her that it's okay for her to defraud her brother out of his rightful inheritance.

Falafelings · 25/03/2017 14:46

Iypur Mum didnt leave a will which is unfortunate. So it's 50/50. You can always give your son some of your 50%