Intestate- sibling difficulties

[Petrosmum]

Hi,

My dad died 6 weeks ago and I'm concerned that my brother will not distribute his estate correctly. I have never had any dealings with death / inheritance etc so am really unsure about the whole process and am hoping for some advice.

Basic background:
My dad was an alcoholic and my mum divorced him 30 years ago
He never paid a penny in maintenance for us
He never maintained contact
There are 4 children, I am the youngest.
One of my brothers searched and found him, maintained sporadic contact
Dad died 6 weeks ago, left no will but has around £30,000 in his current account, and a pension. Lived in Housing Association flat, paid all bills on time so seems to be no debt.

Now here's the difficulty. My sister and I are close, but our two brothers stopped talking to us around 8 years ago following a dispute. The older brother (let's call him Brother 1) has contacted us and told us there is money in my dads estate and the other brother (one who had contact with dad, let's call him Brother 2) is being a bit 'shifty' and seems to think that as he is the only one who had contact with dad, he should get everything.

Brother 1 said he doesn't care about the family disputes leading to us all not talking but he says our dad owes us for the abandonment we suffered and we are entitled to a quarter each of the estate and he will make sure it happens.

Apparently Brother 2 has closed my dad's account already and moved it to 'another' account that he opened. Is he allowed to do this? Is this normal to move money from the deceased persons account? Does this mean that he is the 'administrator' for the estate?

I have no idea if they are using a solicitor although I think Brother 1 did mention one in the (only) telephone conversation we had.

When the inheritance is paid to us, how is it paid? By a solicitor? From my brother (if he is the administrator)? And how do we know that the amount we receive is correct? Are we allowed to see / request all documentation? Can my brother give us a smaller amount if he so decides? If a solicitor is acting, would he not need mine and my sisters information? Birth certificate for proof that he was our dad?

Although Brother 1 has said he'll make sure we get the right amount (he and Brother 2 are close but he said he's already rowed with him about it) we cannot entirely trust him as he has been out of our lives for 8 years and has said some dreadful things about my sister and I. However, I don't want to make matters worse or make it look like I'm 'money grabbing' by asking to see documents / question things.

So sorry if I'm asking questions that are pretty obvious. As I said before, I am completely new to all of this!

PS Please be gentle with me - it's all very difficult. Not only am I trying to grieve over the father I never had, and will now never have, I am also trying to deal with all the family disputes!!

Administrators are meant to open an executor's account, for the sole purpose of gathering any money owed and paying debts.

Once the debts are paid, the money should be distributed equally to all beneficiaries - this can be by cheque through the post or bank transfer.

When the inheritance is paid to us, how is it paid? By a solicitor? From my brother (if he is the administrator)?

The executor can make disbursement directly. Presumably the same applies when intestate? However, I think he'd have needed a grant of administration to get this far.

And how do we know that the amount we receive is correct?

He has to keep accounts.

I'm not an expert, but maybe contact the Probate Division of the High Court to check what dealings they've had? Might also be worth speaking to the Housing Assoc to see who was listed as next of kin with them as part of your preliminary fact finding.

Agree with SerfTerf, contact Probate Division.

Any of his children can apply to administer the estate, so your brother doesn't have sole rights over it. There is nothing to stop you applying to be the administrator!!

How has he managed to close the account already? Banks normally freeze the account until probate (or in your case letters of administration) are issued by Probate office, which is unlikely to have happened so quick. Wonder if your brother had access to his dads account and moved money out? But that is illegal, any movements made on or after date of death have to be explained.

Do you know which bank he was with, can you advise them of death and ask for accounts to be frozen? They would do it from date of death, so would then uncover any fraud on your brothers part.

You may want to speak to a solicitor and get some basic advise. It would be worth paying for. Maybe even get them to send a letter out, reminding your brother that without a will, the money HAS to be distributed equally according to the law. If it isn't he can be taken to court.

And yes, as part of being the administrator, he has to provide accounts.

Thank you all for your replies. I think I will seek legal advice as I feel increasingly concerned that things may not be done lawfully and may not hear from my brothers again!

Yes definitely get legal advice. Though we have had really big solicitors fees over siblings fighting over a will. My OH was an executor of his parents wills. The bank accounts were frozen immediately, so I don't know how your brother has moved the money. My OH sisters fell out with their brother a few years before and tried to get him removed as executor. But as he was named on the will as executor and they had no reason to prove he wasn't capable the solicitor said he was to stay executor, the other executor was the family accountant. They had to do everything together anyway, my OH would never cheat his sisters out of money anyway, but with 2 executors acting jointly he wouldn't be able to if he wanted to.
I suggest you look into having an executor or 2. Preferably not family members. I'm assuming there is no will.

You wouldn't need probate for a balance of £30,000 in most banks. Think it's on balances over £50,000 now. Therefore the person administering the estate would be able to close the account and have the funds transferred

Op the Probate office are very helpful and are there to pick up queries like this, it's thier job to make sure this sort of thing is handled lawfully. Get onto themselves to tomorrow am... They will be helpful and free.