Deceaseds estate

[wales01man]

Hello sorry its me again.

You may have read my last thread on probate the advice has been helpful thanks to all who have replied
we now have another problem As the mother in law died intestate my wife is in the process of sorting it all out and getting Probate/Letters of administration the funds after all debts by law have to be shared between the 6 children of the deceased who are all alive we have now been told that 2 brothers dont want anything due to them how do we make this legal so their share is not left sitting in the bank as my wife wants it all gone when its finalised after the hassle in the last 10 or so days she wants it all to finish this has disrupted our lives already and we now have the history of the rest of the family for the last 20 plus years its all so vile no film could ever match it.
Thanking you all for past posts and hoping for future ones

[bluebottle]

Re: Deceaseds estate

Hi again, Wales,

Because two of the brothers are relinquishing their entitlement to their respective shares of your late mother-in-law's estate, it is best that this is done properly. By this, I mean have a legal professional draw up a simple document which they can each sign relinquishing their entitlement. That way, there can be no arguments and no comeback. After what you and your wife and her other siblings have been through in the recent past, going down that path would go a long way to providing peace of mind and closure.

Hope this is of help to you and your wife.

BB

[michael]

Re: Deceaseds estate

They each need to sign a qualified disclaimer.
Robinson & Cole, LLP; Planning Pointers --- Qualified Disclaimers; July 2003

[wales01man]

Re: Deceaseds estate

Thank you yet again bluebottle just as we thought though my guess is they will be changing their minds but if not solicitors letters will be done while im typing this the brother causing all the trouble has hassled the sister despite his number being barred on her phones good job we live 60 miles away this is getting to much for the other half for the first time since we moved back to england we are arguing thanks again im not in the right frame of mind to research the answers myself

[bluebottle]

Re: Deceaseds estate

That's what Legal Beagles is intended to do, Wales. Provide you with answers to questions. Remember the saying "A problem shared is a problem halved/solved".

Regarding the brother, your sister-in-law can apply to her local county court without notice to the brother for an injunction under Section 3, Protection from Harassment Act 1997 as his behaviour certainly appears to amount to a course of conduct amounting to harassment. Although people can do this themselves, I would strongly advise your sister-in-law to speak to her local Law Centre, where she can obtain free legal advice, as regards applying for the injunction. I am attaching a Form PF39CH which is the court form she needs to apply for the injunction. She should print this off and take it with her to the Law Centre for advice on completion. Within three working days of being granted an interim injunction, your sister-in-law will need to submit a claim to the court for any financial losses and anxiety she has suffered as a result of the brother's conduct. This will then be heard, at a later date, by a Circuit Judge, who will make the injunction permanent.

[wales01man]

Re: Deceaseds estate

Again thankyou Bluebottle from me and the wife the harrassment continues he is now calling from a public phone in a pub and getting another brother to phone her from there saying the nuisance one is threatning suicide and telling her to have no more contact with my wife having lived through the wasted lives of an alcoholic we know these are idle threats but she is slightly special needs and cannot understand all this we are going to the police concerning the money and looks like action to stop the harrassment of the sister

[wales01man]

Re: Deceaseds estate

Read the form any idea of cost of getting this shes a young widow with son at home and living on benefits Trying to do this to stop the bother?

[bluebottle]

Re: Deceaseds estate

She might be exempt from court costs if she is on benefits. Her local Law Centre should be able to advise her on this. From what you have said in your latests posts, I feel the obtaining of an injunction is now a matter of urgency. However, they may be grounds for the police to deal with this under Section 2, Protection from Harassment Act 1997, which creates the offence of harassment, but it will depend on your local police force's policy on dealing with such offences. The other piece of legislation that might be useful is Section 127, Communications Act 2003, which makes it an offence to Misuse a Public Electronics Communications Network.

I feel you need to warn your brother-in-law that he risks being prosecuted for Aiding and Abetting the :censored: of a brother who is doing the harassing of your sister-in-law. By getting your brother-in-law to ring on his behalf, the :censored: of a brother is committing further offences under Section 2, Protection from Harassment Act 1997 and is either going to be arrested or treated very harshly by a judge. At present, the maximum penalty for an offence of Harassment under the Act is a fine of up to £20,000, or up to six months' imprisonment or both. If an injunction is in force, the maximum penalty for breaching the injunction is an unlimited fine, or up to five years' imprisonment or both.

As stated previously in this post, this matter should be dealt with as a matter of urgency. I would suggest that this coming Monday be the day you go to the police. I know this sounds awful, but what the :censored: of a brother is doing, especially to someone with learning difficulties, albeit slight, is beneath contempt.

[Hurricane Puffrose]

Re: Deceaseds estate

Wales, BB is the boy for the legal stuff, but if your wife needs an ear, to say things she doesnt want to say to family, please pm me and i will give you my email address..
i cant advise legally but i can listen if that helps

[wales01man]

Re: Deceaseds estate

Thanks for your support puff were trying to get through this for 23 years she had no contact with her sister or brothers mainly becaus the brother now causing the trouble scared her into having no contact with her by lying that my wife did not want to see her now with this in the last 12 days we are finding the trush other revelations about the family are truly shocking and the families treatment of the girl is unbelievable but true she finds she has a nephew she never new existed and a niece with 2 of her own children who she last saw as a toddler my wife is the most caring person after my own mother you could ever meet there isnt a bad vibe in her body she always puts me and others first after nearly 49 years together and all that we have been throgh she remains strong mentally although physically shes on a downhill slope she has acted towards this idiot in a calm and dignified manner but gets nothing but lies and these problems in return i know after the funeral she will probably explode but with my youngest son and i there she will contain it all im putting all this on here so others faced with this know through the replies and support of all those on here thet there is help out there as i keep saying NO ONE should have to go through any of this why people cant conduct themselfs in a reasonable and dignified manner at times like tis i will never understand my wife was willing to forgive them all for the past but even he patiece is wearing thin we will get through this together