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

[icemaiden]

I will Lofty, thanks. xx

[LoftyLottie]

Good luck.

Read up about it, perhaps print some of the information off and then show her all the info. Offer to help her perhaps!

[TonyV]

Why will she simply not let you have a copy of the certified will?

Or can you obtain a copy from the solicitors that held it? Will help you when you obtain advice, as wording is all important.

Take it she has finished initial grieving if she has starting selling things. IMO (with no legal training) - just some life experience of having to contest a will / estate and exectors actions , your step mother should not be selling parts of the estate to pay bills. She should be paying her own way - hard but cruel though it seems, but if your father had forthought to make a will and she needs to adhere to his wishes.

As a note, after my experience, I changed my will so that no benefcers are excecutors. A bit more expense when I depart this world, but at least I know that my estate will be administered in a fair and businesslike way. For anyone following this route, you need to choose excectors wisely. Can be a minefield of hidden expenses.

[icemaiden]

Thank you for your answer tonyv. Not sure what her reaction will be if I approach her to say that she shouldn't be selling stuff. Grief is a strong emotion. And so is revenge, which is now the emotion she is having. Long story but we found out things about him that you only read about! She's probably feeling very bitter and twisted. And I don't blame her.
I like the idea of no executors and just to appoint a solicitor. Good idea.

[TonyV]

Icemaiden - Understand the grief emotion, and the revenge if things have come to light after your fathers passing. However, to protect your own position and your fathers wishes, You need to get hold of copy of will - not sure how to though???

to clarfy my will still has beneficiaries - just none of them are executors. Not that I have anything to hide !!!! Just seen the grief turn to greed - not nice.

Your stepmother may not like what has been written in will? Not sure how you can get copy from her if this the case?

Barmaid will be better qualified when she is along

[TonyV]

or anyone else that knows the true legalities of it all

[themas]

You are not an executor so you have no right to see the will until after probate has been granted - it then becomes a public document.

What your father told you - about his will paying off your mortgage - is not necessarily what he put in the will. Even if he did put it in, it won't happen unless there is sufficient money in the estate & if the house was owned as joint tenants that is excluded. You say he had no money in the bank so it may be that there is little in the estate.

I certainly agree your step-mother needs help with this - she has legal responsibilities as executor & can become personally liable if she fails to carry them out properly.

[TonyV]

Themas - how will anyone know? Can you force someone into probate?

[TonyV]

so that at least Ice can look at the will - what would happen if her mil shredded it?

[themas]

1. If a will is concealed or shredded I think it is an offence (Barmaid would know). The porblem is proving it.

2. If it is known there is a will & nothing is done to get probate after (I think) 12 months, beneficiaries or people interested in the estate can take some action to get the executor removed. However, again this assumes they know there is a will & who the executor is.


This is an area where I don't know the situation fully so the above is open to correction.

[woofgang]

The point with probate is its where the HMRC assess the estate for any outstanding tax payment...if you don't apply for probate that's like not declaring income for tax purposes...even if there is no tax due, HMRC will get antsy about the fact that no one declared ie applied for probate.