Advice please.

[icemaiden]

My Dad died recently and my step-mum is the executor of the will. (Before I start, I would like to make clear that we get on well and I am not a greedy money grabber!! There, got that out of the way.)

She hasn't applied for probate, I don't think she needs to as the property automatically goes to her as joint tennants. (She says it's joint tennants anyway). She has told me that my Dad has left me an amount in his will, she hasn't said how much but my concern now is that she is giving away some of his possessions e.g brand new clothes and shoes, all his koi in the pond, lots of them and she has sold his jewellery, without telling me. I thought that as part of his estate she cannot do that until all debts are paid, funeral, credit cards etc. and then anybody who is mentioned in the will. (Just me).

Can someone clarify this for me? if there is no money left except any equity in the house, (which there will be ) will she have to sell the home to pay me?

Thanks in Advance

[redcrx]

as far as i know, she cannot dispose of anything until probate is granted. Then any funds from the disposals have to go into the estate.
whats happened to the proceeds of the sales so far?

[icemaiden]

SHe has put the proceeds in to her bank to pay bills with

[squarebear]

"will she have to sell the home to pay me? "

How much do you believe you have been left?

[icemaiden]

When my dad was alive he said that the mortgage will be paid on my flat if he died. That would be 100,000.

[LoftyLottie]

I hope Barmaid comes along to help you!!

Who is the executor of the will. As far as I know probate will still have to be applied for and all the estate will be taken into consideration. Therefore, if she has sold any valuable items she should be making a note of what she gets as it should count towards his estate.

I am not sure about joint ownership of the home.

[LoftyLottie]

Icemaiden. You can get a free half an hour with a lot of solicitors and you could discuss this with one, but hopefully Barmaid or another qualified person will turn up.

[icemaiden]

The executor is my step-mum Lofty.
I take it Barmaid is the one to wait for. I wasn't aware of a free half hour so I may have to make some enquiries.
Thank you

[LoftyLottie]

Your Step Mum will have to fill in quite complicated forms for probate and produce some figures and accounts. Is she doing this in conjunction with a solicitor?

[LoftyLottie]

These may help you

http://www.hmcourts-s...vil/probate/index.htm

http://www.direct.gov...eparation/DG_10029716

[icemaiden]

She is not using a solicitor, no. She only went to solicitors to collect the will.

I really don't think she knows what to do. I have offered my help but she has an accountant friend, (who I am a bit suspicious of, never really liked her), who is helping her. And she seems to hang on this persons every word. It's a difficult one.

[LoftyLottie]

The second link is the most useful. You can see how complicated it is. I was executor for my Mum and I could have applied for Probate myself but the solicitor option was well worth the money I paid. However, I did get all the accounts done and provided the solictor with a good breakdown, which made her life easier.

[icemaiden]

I agree Lofty, it is indeed very complicated.

I hope that she appoints a solicitor to help her. But I am concerned that she is already selling/giving stuff away. This accountant friend doesn't seem to be telling her that she really shouldn't do this yet.

[ubasses]

If the house is owned as joint tenants that will automatically become hers, so anything left to you will have to come from his sole assets, a lot will depend on how the Will is written. Did he have £100k of his own? If you are the first beneficiary in the Will you will get everything up to the £100k before other beneficiaries receive theirs. If your stepmother is first beneficiary of certain amount or items, then you will get what is left up to max £100k, if less your share will be reduced.
Probate is required if sole assests exceed £5000, and Banks and Insurance Companies cannot pay out without probate being produced, once a Will has gone to Probate it is open for anyone to see and you will be able to get a copy.
With Insurance policies they can be written into Trust to keep them out of the Estate, and will be paid out direct to the Trustee, or they are assigned to a Mortgage Company in order to pay of any Mortgage without going through the Estate.

[LoftyLottie]

I am not sure whether clothes and small stuff would count, but anything of value like coi carp, cars, white goods, valuable jewellery definitely does. You should be able to see the will and query anything anyway as you are a beneficiary. She needs to know this.

[LoftyLottie]

Ah someone who has more knowledge than me ^.

[icemaiden]

Interesting Ubasses....I'm not sure if he has 100K of his own, I do not know what policies there are or not. He certainly has not got anything in the bank. In which case it would come out of his possesions? I have not seen the will so not sure how it is written.

[mrs_overall]

If they are joint tennants I don't see how she can be made to sell the house.

It sounds to me as if he may have taken out an insurance policy to pay off your mortgage.

You need to see the will - ask her.

[rowanwitch]

and as koi can be worth hundreds lets hope she kept good records

[icemaiden]

No records at all to my knowledge.

[LoftyLottie]

Oh dear, I really think you ought to have a word with her. She probably doesn't realise what she has taken on as executor. Show her my second link. You say you are on good terms - then this should be OK. Do it from the point of view that you are trying to make this easier for her to deal with.