Will Question

[horseshoes]

Here's the scenario. Two siblings are the joint and equal benefactors from the will of a third sibling. There is some money and a small house which has been sold, although no money has been paid to either, by the solicitor who is handling affairs. The sibling died last November. What would happen if one of the two siblings died before things were settled? Both are married.

T.I.A.

[ubasses]

Their share of the inheritance would be added to their Estate and be distributed in accordance with their Will. Sounds like the Solicitor needs a bit of chasing though.

[joggerjayne]

At the date of death of Sibling3, the estate of Sibling3 passes equally to Sibling1 and Sibling2 (even though it has yet to be distributed).

If Sibling2 (for example) has died, Sibling2's share of Sibling3's estate now forms part of Sibling2's estate.

That share will therefore pass to Sibling2's beneficiaries, either under Sibling2's Will or, if Sibling2 has left no Will, then under the rules of intestacy.

[horseshoes]

Thanks both. The solicitor is NEVER available when telephoned. The situation is becoming very upsetting for the people concerned (NOT me by the way). When telephoned, it is only ever the assistant who is available. The house, as far as I am aware has been sold, and sibling 2 telephoned to ask for the money already in the solicitors hands. Assistant said "yes of course I'll arrange that". That was about 6 weeks ago and nothing has happened. It doesn't help that the solicitor is almost 70 miles away, and sibling 2 is in very poor health and unable to travel. I feel it is taking far too long. It is very upsetting to see them so upset when they can well do without the worry and stress.

[sandyRoe]

Would a letter stating that things are moving too slowly gee the solicitor up? They might also mention the possibility of a letter of complaint to the Law Society

[ubasses]

Just reread the question and see death was last November, creditors have 6 months from date of death to put in any claim on the Estate, and the Executor could end up with a liablity if he had paid all the funds away. As it is only just over 6 months probably not too bad, but he should have explained this to them as a matter of courtsey, if not duty. Perhaps they could try phoning up and pointing this out to him.