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Original poster

House Completion/Inheritance

29 replies

PeaceLilies · 17/06/2023 01:47

My mum passed away nearly a year ago, my uncle has been dealing with her estate since, it has taken a very long time, mainly because he has drawn it out and not done things he was meant to do, anyway that's another story.

Her house sold back in October, he finally got probate sorted this month and so now contracts have been exchanged and they are due to move in in a couple of weeks.

My question is, when they send the money to wherever it goes, (no mortgage owned outright) is it then the job of the executor (my uncle) and the lawyer to get it sorted and to the beneficiaries and how long does this normally take? I can't ask him any questions as he refuses to tell me much about the process.

Thank you for any advice or information.

OP posts:
Original poster
PeaceLilies · 17/06/2023 02:03

Just to add this is in the UK. Thank you

OP posts:
fridaynight1 · 17/06/2023 02:13

Why is your uncle dealing with your mum's estate? Surely, you are next of kin.

StarbucksSmarterSister · 17/06/2023 02:18

I can't ask him any questions as he refuses to tell me much about the process.

Unless your mother disinherited you, why wouldn't he keep you informed? Can you talk to the lawyer at all?

How old are you OP, are you young?

Original poster
PeaceLilies · 17/06/2023 02:24

fridaynight1 · 17/06/2023 02:13

Why is your uncle dealing with your mum's estate? Surely, you are next of kin.

He was her executor, my sister and I are the only beneficiaries, I live in Australia now and she lives in the UK.

OP posts:
Original poster
PeaceLilies · 17/06/2023 02:25

StarbucksSmarterSister · 17/06/2023 02:18

I can't ask him any questions as he refuses to tell me much about the process.

Unless your mother disinherited you, why wouldn't he keep you informed? Can you talk to the lawyer at all?

How old are you OP, are you young?

I'm mid 30's! The whole thing has been ridiculous, he wouldn't even give us a copy of the will, we had to wait until probate and then order one ourselves. I think it's a control thing by him, it has been a very difficult and frustrating process.

OP posts:
StarbucksSmarterSister · 17/06/2023 02:50

he wouldn't even give us a copy of the will, we had to wait until probate

That's ridiculous! And why on earth is he executor when you're an adult? I'd have a chat with the lawyer and ask if he can give him a push, or what your position is, assuming you're the main beneficiary.

I'm afraid I don't know how long it should take after completion, I assume any outstanding debts must be paid first, but can't imagine it would be long. Also who has been paying the bills for the house up till now?

I'm sorry about your mum.

StarbucksSmarterSister · 17/06/2023 02:51

Don't forget the buyers will have already paid the deposit upon exchange.

Original poster
PeaceLilies · 17/06/2023 03:05

StarbucksSmarterSister · 17/06/2023 02:50

he wouldn't even give us a copy of the will, we had to wait until probate

That's ridiculous! And why on earth is he executor when you're an adult? I'd have a chat with the lawyer and ask if he can give him a push, or what your position is, assuming you're the main beneficiary.

I'm afraid I don't know how long it should take after completion, I assume any outstanding debts must be paid first, but can't imagine it would be long. Also who has been paying the bills for the house up till now?

I'm sorry about your mum.

Quite honestly I have no idea, I was her POA for her medical/financial etc and then when she passed away it was him that was named executor, I think she did it to make it easier for me as I'm in Australia and my sister isn't savvy with things like that but she made it so difficult for us the whole time.

It was quick for mum dying, she got diagnosed with stage 4 lung cancer and died within a couple of months, she was only 60, there wasn't much time to sort anything at all. I have no idea who has been paying the bills for the house, it's been sat empty for nearly a year, my sister has been going round to empty things out of there and has found he's been in and taken stuff, it's been an absolute nightmare. He's been logging into her emails and sending emails to cancel things and then telling us he hasn't when we have the log in and can see emails have been sent and it wasn't either of us.

As far as I'm aware he finally cancelled everything bill wise like TV etc but there would obviously be other bills to pay which I assume will come out of the house money as will funeral bills etc although my Nan is pretty wealthy and I'm sure she would have covered that at that time. He's been pretty mean to us the whole time and very evasive.

I would have flown home to try and sort it out if circumstances had been better but I was high risk pregnancy from August (she died in July) and a premature baby born a few of months ago and I have 2 other children here. Honestly it has made the grieving process a million times harder than it needed to be.

I just want it all over with tbh, I did wonder if her will left him anything and that was why he was being evasive with it but when we got it after we ordered it once the probate had been granted it said nothing at all about him apart from him being executor and left everything 50/50 to myself and my sister.

OP posts:
Original poster
PeaceLilies · 17/06/2023 03:05

StarbucksSmarterSister · 17/06/2023 02:51

Don't forget the buyers will have already paid the deposit upon exchange.

I didn't even think of that, I wonder where that money is 😂

OP posts:
StarbucksSmarterSister · 17/06/2023 03:19

He shouldn't be taking things from the house if he's been left nothing. You and your sister definitely need a lawyer. I'm sure someone will post here later who can advise.

I hope your baby is doing well now.

StarbucksSmarterSister · 17/06/2023 03:22

You can get an Executor removed btw if you think he's incompetent.

Livinthedream1 · 17/06/2023 03:28

Depends on who he has instructed to deal with distribution ie the solicitors or himself. Either way he would need to have an estate bank account or be using a solicitors trust account. He need to give the beneficiaries a schedule if assets and liabilities so you can see what has come in and gone out including all solicitors fees. If all other assets have been collected (and they should have been by now unless probate was required for them) then he should be distributing. Or at least giving you an interim payment until it’s completed.

Original poster
PeaceLilies · 17/06/2023 03:47

Livinthedream1 · 17/06/2023 03:28

Depends on who he has instructed to deal with distribution ie the solicitors or himself. Either way he would need to have an estate bank account or be using a solicitors trust account. He need to give the beneficiaries a schedule if assets and liabilities so you can see what has come in and gone out including all solicitors fees. If all other assets have been collected (and they should have been by now unless probate was required for them) then he should be distributing. Or at least giving you an interim payment until it’s completed.

He hasn't told us any of that, I will email him and ask him for one, I think he thinks we will stop asking questions if he just ignores us or refuses to tell us. Thank you

OP posts:
Original poster
PeaceLilies · 17/06/2023 03:48

StarbucksSmarterSister · 17/06/2023 03:19

He shouldn't be taking things from the house if he's been left nothing. You and your sister definitely need a lawyer. I'm sure someone will post here later who can advise.

I hope your baby is doing well now.

She's doing great thank you, I appreciate all your responses, hopefully this will be sorted soon and I can put it all behind us. I wouldn't have even minded him taking stuff from the house if he had asked! I did think he wasn't allowed but then he said as the executor he could go in and out as he pleased so I just assumed he was doing the right thing

OP posts:
rosyvalentine · 17/06/2023 15:23

As far as I'm aware, the deposit remains with the Estate Agent until completion.

TizerorFizz · 17/06/2023 18:10

@PeaceLilies You don’t get to see the deposit from the purchasers. It’s out with the final payment by the solicitor dealing with the sale. What solicitor is involved with the house? Is a solicitor involved with the estate.

No doubt your uncle will have expenses. watch these too! Once all the money is in and probate granted, distribution can be swift. Is there IHT to pay? In your circumstances I would engage a solicitor to look after your interests. If you cannot get info, they might be more successful. And stop the pilfering.

Tippingadvice · 18/06/2023 13:11

@PeaceLilies i am sorry you are going through this.

Sadly, many people don’t understand the importance of who they appoint as executor. Legally only executors have the right to see the will before it is made public as part of probate. If probate is not required then beneficiaries may have to go to court to get a copy.

Executors are not obliged to update beneficiaries on progress and depending on the wording of the will maybe able to dispose of assets without the beneficiaries involvement.

What you are legally entitled to is the estate accounts that show details of all assets and expenses.

I agree with @TizerorFizz if your sister is not able to intervene given your circumstances I would be getting legal advice.

Spirallingdownwards · 18/06/2023 13:15

rosyvalentine · 17/06/2023 15:23

As far as I'm aware, the deposit remains with the Estate Agent until completion.

He'll no it doesn't!

It will be held by a lawyer in the chain and released upon completion

Spirallingdownwards · 18/06/2023 13:15

*Hell not he'll

Linnet · 18/06/2023 16:21

@Tippingadvice *What you are legally entitled to is the estate accounts that show details of all assets and expenses.

Can all beneficiaries ask to see the details of assets and expenses? I'd heard this then tried to double check it online and could only find info that said only residual beneficiaries could ask for this info.

We, as direct beneficiaries, are waiting to hear about a probate and to be honest it would be good if we were legally entitled to ask for this information too once it's all done.

Tippingadvice · 18/06/2023 16:36

@Linnet IANAL but I believe it is residual beneficiaries only.

If you are left £10k and you receive that, because you have received your legacy in full there is no reason to see the accounts.

EggInANest · 18/06/2023 16:52

The deposit is in the solicitor’s bank account.

When my late parents’ house was sold, completion was at 10.30 am. The solicitors had already prepared the statement with all the monies to be paid (their fee, an indemnity policy we paid for, EA, a charge to the LA for care costs) , and my early afternoon had transferred the balance to the Executors Account (one of my siblings). By mid afternoon the money had been distributed amongst us as per the Will.

EggInANest · 18/06/2023 16:55

Has the house been cleared? Who is clearing it? It will need to be empty on Completion.

And unless otherwise specified, everything in it belongs to you and your sister.

TizerorFizz · 18/06/2023 18:56

@EggInANest The OPs sister. But executor has removed things. I would get the locks changed!

Original poster
PeaceLilies · 18/06/2023 19:52

TizerorFizz · 17/06/2023 18:10

@PeaceLilies You don’t get to see the deposit from the purchasers. It’s out with the final payment by the solicitor dealing with the sale. What solicitor is involved with the house? Is a solicitor involved with the estate.

No doubt your uncle will have expenses. watch these too! Once all the money is in and probate granted, distribution can be swift. Is there IHT to pay? In your circumstances I would engage a solicitor to look after your interests. If you cannot get info, they might be more successful. And stop the pilfering.

No idea about a solicitor, I presume it's the one that did the POA and the will if any, I can contact them, there shouldn't be IHT to pay as far as I've read although the estate is about £450,000, would it say on the probate letter if there was IHT to pay? I've been asking my uncle questions for months and not got anywhere.

I will talk to a UK solicitor and see what they say, it's not even about the money, it's about the fact that it's not been transparent and clear the whole process and that's what annoys me more.

Thank you for your advice

OP posts: