Aunties will

[drovers]

My Auntie recently passed away after having minor cosmetic surgery. The will has gone to probate and half was left to her husband and half to her 3 children. The executor is her husband and he has not contacted 2 of her children even though they are named in the will. They recently sold a house and he sold her car while she was in a coma before her death. What is the procedure now? They have taken some advice and have been told they will get 15 minutes free and then £100 an hour, both of them are on invalidity and live week to week with no spare cash. Would they be able to take a no win no fee perhaps? What would people advise?

[bb41]

Re: Aunties will

If probate has been granted then the other 2 children can see a copy and speak to whoever filed for probate

[des8]

Re: Aunties will

As the will has only recently been granted probate, the executor must be allowed time to deal with the estate.
He is under no legal duty to contact the beneficiaries until such time as he makes the distribution.
If he is wise the distribution will be six months later at the earliest.
I take it that the children are not his, and there may be some tension there.
Have the children written to him, expressing their condolences?
It might be worthwhile for them to establish a rapport of some kind, before resorting to their "rights", which they undoubtedly have.
At this stage I certainly would not advise the "legal route" as that is a sure way to disrupt a family, and eat up the estate if it goes via solicitors.

Regarding the estate:
the car was sold whilst the lady was in a coma: whose car? his? Hers? Both?
they sold a house recently, Who is they? Husband & deceased? If jointly owned was there an agreement between them that the proceeds were his, or were they to purchase another house?

[drovers]

Re: Aunties will

Many thanks for your replies.

bb41, the 2 children do not get along with the ex father in law, one of them is currently involved in sueing for non returned money.

des8 The car was my Aunties who was in a coma, it would of been in her name as he does not drive. The house they sold was my great aunts and my auntie (who died) bought my mothers half, we do not know who's name it went in to but again I would imagine my Aunts as her husband never got involved with any thing. They have lived in a council bungalow, where my aunts ex husband now lives for 10 years or more..

[drovers]

Re: Aunties will

Also they have got a copy of probate, which tells them they are named, but it does not tell them what was in her estate

[drovers]

Re: Aunties will

There is nothing complex to sort out as they owned nothing since selling my great Aunts house, so just bank accounts, car and jewellery.

[des8]

Re: Aunties will

The problem will be ascertaining and proving the size of the aunt's estate.
If the proceeds of the sale of the house and car were paid into her husband's account he might be able to claim she gave the proceeds to him before her death.

There is no reason why the sisters should not ask for a progress report on settling the estate, but he is under no obligation to reply until he distributes the estate, when he should include a full accounting.
As I said he should wait for 6 months before making the distribution, just in case there are unknown creditors about (including DWP & HMRC!)

[drovers]

Re: Aunties will

Thanks again des8.
My Aunties husband is using a lawyer, so would they be advising him to wait 6 months? And what is the reason for waiting 6 months? As you have said DWP and HMRC, they were both on benefits both my auntie and her husband until they inherited, which was only 2 years ago.

[drovers]

Re: Aunties will

Oh and also my aunties husband is probably pursuing a case against the surgery where she had plastic surgery, she had a heart attack half way through a basic facial cosmetic operation. I would think that he and her 3 children would all be entitled to some form of compensation if it was proved they were at fault, so it would not affect her estate or could this also be a reason to not distribute?

[des8]

Re: Aunties will

The executor is generally advised to wait for 6 months before distributing an estate. because if he does distribute the estate earlier he could be liable if any creditors pop out of the woodwork.
Regarding the clinical negligence claim, if he successfully brings the claim i)as her husband (needs to show financial loss) any compensation would be paid to him
ii) as executor in which case any compensation goes into the estate
Are the children pursuing their own claim for compensation, and if so on what grounds as they will have to show some financial loss to be successful? or are they hoping to be joint claimants with the husband (still need to show financial loss)

[bb41]

Re: Aunties will

I think waiting a few months whilst there is a bone of contention is sensible. An executors job is quite a serious role to take on . If probate has been granted then you can download the will on line to see what it says without the permission of anyone, it's a public document.

Once you know the estate has been distributed and you are named in the will then can't you ask for the final accounts of the deceased ? I'm not an expert by the way just a mere spectator .

[des8]

Re: Aunties will

I understand that under the current rules, all residuary beneficiaries of the estate are entitled to a copy of the estate accounts. However, those who are not beneficiaries of
the will or are inheriting a specific legacy only are not entitled to a copy of the estate accounts.
But you can always ask!