Executor has ignored three beneficiaries

[Adrienne1234]

My mother died in February, we weren't close and I didn't expect to be named in the Will. I obtained a copy of the Will via the Probate service. There was a bequest that a percentage of the estate be shared equally between all her grandchildren. All the other bequests have been paid out, but my children have received nothing. I wrote to the executor to give him my now adult children's names and addresses, but he has ignored my letter. Is this fraud? Can I sue? The money is minimal, but on the basis the family don't like me they have decided not to pay out what was left in the Will. I can't morally allow them to get away with this. What can I do?

[des8]

Re: Executor has ignored three beneficiaries

Hi and welcome

Sorry to hear of your problems.

Although probate has been granted (when was this) has the estate been settled in that you are sure all other beneficiaries have been paid?
Do you know if your childrens' legacies been distributed to other beneficiaries, or is it that the personal representative has retained their share and is just not passing it over?
Are they residuary beneficiaries?
Only one executor?

Yes, the beneficiaries can apply to the court for an order for the money to be released, or if it has been distributed already they could seek an order that the executor makes good the loss himself.

Be aware that if the action is defended contentious litigation can be very expensive.

[Adrienne1234]

Re: Executor has ignored three beneficiaries

Probate was granted in April, property was sold 9th August so all monies would have been gathered in at that point. I am reasonably sure that my sisters have been paid there share, as the Will was based on six shares, one to each of my 5 sisters and the sixth share to be divided between the grandchildren. I believe that the executor (only one) has divided the share between the other grandchildren and omitted my children. Court may be expensive, but I can't see that he should decide what to do with my mothers money, which she herself wanted to go to the children.

[des8]

Re: Executor has ignored three beneficiaries

Presumably the executor is another family member.
Only 6 months have passed since probate was granted, so I would not have expected distribution to have taken place yet as it is still possible for creditors to pop up.
However perhaps the executor was ready to take a chance.

The first step is for your children to write (signed for) to the executor demanding, within 14 days, a copy of the estate accounts , or a statement advising them of the progress of settlement.
As residuary beneficiaries they are entitled to the accounts which must be provided to them.
At the same time they could request information regarding when they could expect to receive their legacy.

Before any court action is started your children need to be certain of their position.
If no response is received to the letter there is at least one point where it is certain the executor is at fault, and there is the start.
Hopefully though they will receive a positive response

[Adrienne1234]

Re: Executor has ignored three beneficiaries

How long would it normally take once probate is granted? I assumed the money would be distributed the moment the money from the sale of the house was received. Thank you for your advice, maybe I am jumping the gun a bit, knowing how unpopular I am in the family I can be a bit testy over such matters, however, I have never been wrong in how low they will sink just to try and rile me.

[des8]

Re: Executor has ignored three beneficiaries

The earliest from probate would normally be 6 months, and then there is a period often referred to as "Executor's year"
In essence it means that executors have a year from the date of death during which they are not obliged to pay out to anyone other than the taxman and the undertaker.
If the executor paid legacies too early, and previously unidentified creditors appeared, he would need to ask the beneficiaries for a refund!

And do bear in mind, though you may orchestrate any claim, it will need to be initiated and pursued by your children