Probate help

[cato]

Hi everyone...

Looking for some assistance and hope someone can assist or give some insight...

My father passed away last year intestate, leaving myself, brother and 16 year old sister. He also left a partner of 32 year (unmarried). Myself and fathers partner have been granted executors and I have now passed on all of the paperwork to her to communicate with insurance companies, mortgage lenders etc. Obviously I trust her to do this.

She is in the process of accumulating the monies etc but I have yet to be asked to sign anything or jointly open a bank account to accumulate the monies for later distribution. As an executor is there a need for both executors to sign for the insurance policy cheques etc or just one person.? Also my elder brother believes she is simply accumulating all monies and simply assuming it is all hers and therefore no plans to distribute. Does she have to account and present a final total for distribution or can she just accumulate and keep everything without informing anyone??

Any help would be appreciated

[MissFM]

Re: Probate help

Hello Cato

Firstly I am so very sorry for your loss.

In answer to your questions, to the best of my knowledge and experience:

You will have taken a solemn oath as an executor when probate was granted, acknowledging that it is your right and your responsibility to ensure that all procedures are whiter than white according to the will of the deceased.

You do have to sign jointly and yes, she (you both) is/are obliged to account to the last penny to the beneficiaries for the entirety of the estate.

I am not legally qualified but from experience it needs to be done by the letter.

I'm sure a more knowledgable Beagle will correct this if it's inaccurate.

[Inca]

Re: Probate help

There is no Will..Dad died intestate.

I too am sorry for your loss. This happened to me with Father in Law and I made sure I was involved in every single part of sorting the estate out (probably to the great annoyance of solicitors/other Executor)
I can't give you any advice for fear i would be wrong as our situation is a tad unusual but there will be Beagles who can certainly help you sort it out

[MissFM]

Re: Probate help

There is no Will..Dad died intestate.

Thank you for pointing that out, Inca. In that case there will be strict protocols as regards who inherits what and your duties as joint executors apply. You may wish to take into account any wishes or expression of intent that your father had communicated but it wouldn't be legally binding so it would be by consent between the legal beneficiaries.

Any whiff of anything untoward - any worries - and it would be wise to consult a solicitor.

[cato]

Re: Probate help

Thanks all for the answers. One item I am not 100% clear on. Is there anything contained in probate that states that once all the money has been accumulated it must be documented and then presented.. For example, what is stopping my fathers partner accumulating and then just not presenting what has been identified. The only way I would know was if I ask and I didn't really want to do this as it looks like I am chasing her for money.... I am sure you can appreciate how delicate a situation this will be...

[Inca]

Re: Probate help

It's very difficult trying to not rock the boat isn't it? (sadly I didn't manage it,,I'm not known for my patience,tact and diplomacy and my BIL's g/f really pulled my chain during the process but happily she is now the EX girlfriend lol)

[Sapphire]

Re: Probate help

No monies or anything should be 'divvied' out until probate is granted, the best thing you should do is sit down with your dads partner and explain how you feel and tell her that you want to be present and privvy to everything that she does. Poor woman has been with him you say 30 odd years, but no will made, its likely that it will make the beneficiaries his children, then you as the children then decide what to give her not the other way round.

I know this as we wrote our wills a couple of years ago, our solicitor/will writer advised us to get married to make sure everything was cut and dried, that way if my hubby goes first I get it and his kids will have to wait till I go.

[Inca]

Re: Probate help

Cheers Sapphy,,to my rescue as always xxx

[CleverClogs]

Re: Probate help

Thanks all for the answers. One item I am not 100% clear on. Is there anything contained in probate that states that once all the money has been accumulated it must be documented and then presented.. For example, what is stopping my fathers partner accumulating and then just not presenting what has been identified.

Apart from that being illegal? Theft, embezzlement and fraud spring to mind.

Do bear in mind that, under the intestacy rules, she is entitled to precisely nothing.

[wales01man]

Re: Probate help

Having just completed probate i can tell you that a basic set of accounts should be made up,templates are on the interenet distribution of the balance is subject to rules these are on the internt even when probate is granted a beneficiary can challenge it through probate court if the partnerwas not married she may not be entitled to anything take advice or read what you can before the trouble starts

[CleverClogs]

Re: Probate help

if the partner was not married she may not be entitled to anything

She isn't.

She's not even entitled to one of his used condoms. msl:

[CleverClogs]

Re: Probate help

my BIL's g/f really pulled my chain

Leaving you feeling rather flushed? :grin:

[MissFM]

Re: Probate help

Thanks all for the answers. One item I am not 100% clear on. Is there anything contained in probate that states that once all the money has been accumulated it must be documented and then presented.. For example, what is stopping my fathers partner accumulating and then just not presenting what has been identified. The only way I would know was if I ask and I didn't really want to do this as it looks like I am chasing her for money.... I am sure you can appreciate how delicate a situation this will be...

It would be illegal unless she were the sole legal heir. Even then, as joint executors, she should do everything with your agreement.

Probate and the duty of executors really are subject to very strict legal rules, Cato. It's hard, I know, but you need to be quite clinical - as executor your duty is also to your brother, sister and any other legal heirs. Perhaps that would be a good way to present the point? Also to protect her from potentially damaging legal action - everything needs to be on paper, above board, strictly accounted for and recorded - it's a serious responsibility and, as executor, you will be jointly in breach of your responsibilities if she takes anything not legally due to her.

It's brutal when people are grieving and you have my heartfelt sympathy :hug:

One thing that does occur is that presumably the insurance policies will have named beneficiaries in their own right and that possibly they (your father and his partner) might also have had joint assets? (A further complication)

I think it would be well worth your while to marshall all your questions and spend a (preferably free but otherwise make certain of what you will be charged in advance) preliminary half hour with a solicitor specialising in inheritance and intestacy.

[Inca]

Re: Probate help

Leaving you feeling rather flushed? :grin:

More than flushed Cloggy,,I blew me gasket msl: :yell:

[alham]

Re: Probate help

My condolences to your family. My father -in-law died end of last year and my wife and I did all the probate work ourselves - as an executor one can apply to have a sole probate with powers of other executors "reserved" or "declined" as desired BUT this must be done with consent of all other executors. As pointed out by many members above interstate laws are very strict and his partner OFFICIALLY is not entitled to anything except for moneys in joint bank accounts and jointly-owned property. In any case all the assets must be provisionally accounted for before the probate is even granted as the HMRC will have to confirm that no tax is due on the estate. Hope this helps.