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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Executor of estate

102 replies

mytimewillcome · 10/09/2017 21:17

My ex died 6 weeks ago. We were still married but had been separated for almost 4 years. We were married for 4 years. We have 2 children aged 7 and 5. My question is that I have not been told who the executor of his estate is and he had a flat that his family is already selling. Will I be told who the executor is? I would hope that the proceeds of his flat would go to the children but I haven't been told anything.

OP posts:

Original poster

mytimewillcome · 12/09/2017 11:57

I will do. Thanks.

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picklemepopcorn · 12/09/2017 13:02

You could phrase it as 'I know this is a terrible time, what do you need me to do to help sort out the estate? Are you doing probate or do you want me to do it?'

Original poster

mytimewillcome · 12/09/2017 14:52

So I have heard back from his family where they have said that he did leave a will and he has made his brother sole beneficiary. He has said that he will use his estate for the benefit of the children.

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Fishface77 · 12/09/2017 15:00

Say you want to see the will and see a probate lawyer quickly.

PhuntSox · 12/09/2017 16:24

You need advice about contesting it, if it exists. I would be very surprised if they can produce a will when your solicitor writes and asks for it!

PhuntSox · 12/09/2017 16:25

I think you have more rights than you realise as his wife.

titchy · 12/09/2017 16:32

Unless the will specifically made provision for his children it isn't valid. Relying on his brothers say so isn't enough.

Berthatydfil · 12/09/2017 16:37

I think he cannot leave a will and cut out his minor children

quaqua · 12/09/2017 16:43

Do you think that your ex would have written a will that didn't provide for his children op?

ijustwannadance · 12/09/2017 16:49

When I dealt with DBro's Estate, it took a while to get probate and I had to have copies of death certificate in order to get access to any bank accounts he had etc.

Do not believe his Brother will be generous to your DC's. Money brings out the worst in some people.

As others have said, you are still married. Go get professional help.

Shakey15000 · 12/09/2017 17:00

Agree you need legal advice and quick

ShoesHaveSouls · 12/09/2017 17:10

Probate solicitors are not especially expensive, OP. You need legal advice, you cannot take it on trust his brother to provide for your children. This is their inheritance from their father.

And I'm fairly sure PP is right that he cannot cut his minor children out of his will.

Original poster

mytimewillcome · 12/09/2017 17:18

I believe he did it to take control out of my hands yes. However his brother could need the money at some point and could use it. I'm getting in touch with solicitors. I'm not going to take this lying down! Any guilt over his death has now disappeared!

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whataboutbob · 12/09/2017 17:51

Basically if they haven't probate and therefore have not inherited then they have no business selling the flat. It all sounds very fishy I'm glad you are not going to take this lying down.

Original poster

mytimewillcome · 12/09/2017 18:14

But if the brother has inherited can he not sell it?

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picklemepopcorn · 12/09/2017 18:22

He could have left it in trust for the children with his brother as executor, I suppose...

Get advice. It's worth it.

Original poster

mytimewillcome · 12/09/2017 18:40

It's the way he's worded his email. I'm the sole beneficiary but I believe he wanted me to use his estate for the benefit of the children. I'm waiting on a solicitor to answer me.

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Ambonsai · 12/09/2017 19:07

This is a bit complicated now.
If there's a will, the executor applies for probate. The executor is not necessarily the beneficiary. Although as he mentions "sole beneficiary" that could be official.
I'm not sure how far he gets with sorting bank accounts etc with a will. All companies vary with their requirements.
If his application for probate is going through, you can stop it.
Probate/grant of representation- same thing.
www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation

But if the pension co. has you down as beneficiary, they might need you to apply for probate.
What about life insurance?

CherryHatrick · 12/09/2017 19:14

Playing Devil's Advocate here, but it could be that your ex did not want you to have control of the money, and appointed his brother as trustee to ensure that the money was used only for the children's benefit.

Original poster

mytimewillcome · 12/09/2017 19:34

Oh absolutely. He used to send child maintenance to the childminder rather than me. It was out of spite more than anything else. All my money goes on the children, childcare, mortgage and bills. There is very little left for me after everything has been paid and that's even with tax credits. But of course he thought otherwise. there was either a life insurance policy or a death in service or both but if he put his brother down again then they won't contact me. They haven't done so yet. Is there any advantage to stopping probate? Sorry. This is the first time I've ever had to deal with such things.

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thegirlupnorth · 12/09/2017 19:38

If you were still married you might have a claim and if not you might have a claim for your children. Seek legal advice ASAP.

whataboutbob · 12/09/2017 19:38

There's no way he ( brother) could have inherited it so quickly. It takes a few months at least for the whole process, from getting probate to transferring deeds to selling a property.

Original poster

mytimewillcome · 12/09/2017 19:46

I'm waiting for his family to send me the will but by the sounds of it the children aren't meantioned.

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mrsbutterscotch · 13/09/2017 16:26

Hi OP,
I'm really sorry to hear about your situation. I'm pretty new to MN and haven't figured out how to PM - can you PM me and I can reply? I deal with estate disputes and can have a chat with you about what next steps you should take x

Original poster

mytimewillcome · 13/09/2017 18:26

That's very kind of you Butterscotch. I'll PM you once the children are in bed. Apparently he can't send me the Will immediately...

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