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Inheritance

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  • Inheritance

    Hello there my father passed away about a year ago leaving his property to myself and my brother my brother is the executor I am only a beneficiary I've just been informed today that the property has sold and completed so my question is what happens next do I receive a copy of the estate accounts and also how do I receive payment of the inheritance is this done by cheque or pay directly into a nominated account I also quite a bit of money to my mum and was wondering whether I would be able to have my inheritance paid into her bank account as most of it is owed to her if anybody can help me it would be much appreciated
    Tags: None

  • #2
    tagging Peridot enaid xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Hi Tarisa,

      I'm sorry for your loss. Are you a residuary beneficiary or was the property left specifically to you and your brother? Is there another executor or just your brother?

      As a residuary beneficiary (a beneficiary who takes a share of whatever is left in the estate after all other specific legacies have been paid out) it is recommended that executors allow the estate accounts to be seen and signed off if possible. However, there is no 'right' to see any estate accounts.

      Once a property is sold if it forms part of the residue and not a specific gift/legacy then the estate is usually finalised, any outstanding debts and taxes paid before the residuary beneficiaries receive the sum due to them.

      Due to the strict money laundering rules that are now in place executors would not be advised to pay any legacy to a third party, even if it is your mother, I'm afraid. Payment can be made by cheque although usually a bank transfer would be the easiest.

      If we can help further do post again.
      I am a qualified solicitor and am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

      Comment


      • #4
        Originally posted by Peridot View Post
        . However, there is no 'right' to see any estate accounts.
        Bit diffident about questioning this statement but I always understood that a residuary beneficiary is entitled to see a complete accounting of the estate, including all source documents
        Last edited by Kati; 21st February 2018, 17:23:PM.

        Comment


        • #5
          Hi des8
          The personal representatives 'should' provide estate accounts and 'must' provide them to residuary beneficiaries, if they request them. I didn't explain myself very well, thanks for flagging.
          I am a qualified solicitor and am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment


          • #6
            Ok...thank everyone for your answers much appreciated ...so my brother and my dad's partner ...not married and not living together are both executors she has been left his personal chattels and his property has been left to myself and my brother as I said the property has now sold and completed unfortunately my brother and I aren't on good terms as I'm sure you've heard before these things tend to split families apart rather than bring them together which is unfortunate... so as he is executor I have absolutely no idea what's going on as he's not telling me anything... and it's my understanding from what you are all saying is I have to request a copy of the account Estates from him the executor if I wish to see them which I do is there are some elements of the funeral that my brother and I didn't want but my dad's partner did ...do we have to pay for these as part of his funeral costs or is she liable? we also found out that my dad was living hand to mouth and the home he was living in was in a disgusting state none of which was brought to mine on my brother's attention.. in the beginning we were both eager to go through his paperwork to see what has gone on as he hasn't paid a penny off his mortgage in over 20 years and as far as we can tell he wasn't receiving any benefits even though he was on dialysis and died from kidney failure after a failed kidney transplant which we also weren't informed of until he was already in hospital had the transplant and had rejected it ...my dad's partner doesn't seem to like myself or my brother too much as my dad had marked out a Cartier watch and cufflinks for my brother but when my dad's partner packed up the house... without letting us go through anything she said she couldn't find these items so my brother never received them. I think I've just found the whole situation difficult as we've not been able to get to the bottom of what exactly happened to my dad or why he was living the way he was living and it's sad that she won't let us have the paperwork to go through it and put together the pieces of his life that we thought that we knew that we obviously didn't. I also wondered how long this final stage takes? Thanks everyone for being so helpful

            Comment


            • #7
              Briefly it seems that you are not a residuary beneficiary but the recipient of a specific legacy..
              Have you seen a copy of the will? Copy available here: https://www.gov.uk/wills-probate-inh...robate-records
              As such you are not entitled to a full accounting of the estate but have a right to access information relating to that specific asset

              Comment


              • #8
                Hi Tarisa,

                It must be really difficult for you all. I would suggest you contact the executors for a copy of the estate accounts in writing at this point.
                It seems that it has been a difficult situation with your dad's partner and your brother being co-executors. I assume that they both agreed to act and one didn't reserve their power or refuse to act?

                When you mention going through your dad's papers is this in relation to personal items or in order to obtain the necessary paperwork to be able to deal with the estate? Your brother as executor should have accessed all the necessary papers to check all necessary assets and liabilities were dealt with as part of the estate administration. Of course if you had any items that actually belonged to you for example childhood items, which were kept at your dad's house then they remain your property and she should be asked for their return. There is little you can do if they have already been disposed of and I would seriously consider the conflict that could be caused in pursuing things further if it is memento type items. It is of course always worth writing with a request for items if appropriate, but be prepared for a negative response and maybe set some boundaries for yourself as to how far you would be willing to push any issues. It seems the situation is stressful enough and may be worth seriously considering whether you wish to add to this?

                Was your brother left the Cartier watch and cufflinks under the Will or was this just something he and your father spoke about. If not in the Will had this been documented anywhere, for example in a letter of wishes? If they had only spoken about it then I'm afraid the items would be part of the personal chattels that have been left to his partner. Even if the items had been listed in a letter of wishes if they are no longer in existence, then there is nothing that can be done I'm afraid. I understand that your dad's partner didn't allow you access to the property initially but as an executor your brother should really have been involved as he has the same duties to ensure the estate is preserved until such time as valuations and the estate administration has completed. Did he have no involvement at that stage, but he remained an executor?

                It is often the case that executors will divi up their duties if there is more than one, but ultimately they would both be expected to swear they have been and will continue to deal with the estate as expected under the law and will be equally liable for any errors that are not dealt with correctly.

                As far as the funeral is concerned, the costs of a funeral do get taken from the estate. Of course it is up to you if you wished to approach your dad's partner about the aspects of the funeral that you had not agreed to and whether she would be willing to contribute to that but I would not suggest forcing this.
                Maybe worth weighing up the possible conflict that could be caused, in pushing the issue further if following a request for a contribution, this is refused. Was the cost of the 'extras' significant?

                The whole situation is very sad, but hopefully you can put things behind you once the estate has been finalised. If the estate accounts are not forthcoming do come back on the forum and we can see if there are any other pointers we can flag.
                I am a qualified solicitor and am happy to try and assist informally, where needed.

                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                If in doubt you should always seek professional face to face legal advice.

                Comment


                • #9
                  Sorry Des8 our posts seem to be crossing.
                  I am a qualified solicitor and am happy to try and assist informally, where needed.

                  Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                  If in doubt you should always seek professional face to face legal advice.

                  Comment


                  • #10
                    No probs Peridot
                    I put my penny worth in as I know you are busy and might not be able to respond immediately but I will always bow to your superior knowledge.

                    Comment


                    • #11
                      Don't know about that des8 Your penny's worth always seems to be at least a pound's worth
                      I am a qualified solicitor and am happy to try and assist informally, where needed.

                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                      If in doubt you should always seek professional face to face legal advice.

                      Comment


                      • #12
                        Great forum. My question pertains to avoiding conflict with blended facilities where there is a will *Scots Law". My adult step-children's mother (my spouse) is terminally ill. I am the sole executor under the will which provides for a 1/3, 1/3, 1/3 split of the residual estate which will be quite substantial. My question relates to LEGAL rights versus rights under a will. Is is advisable for the executor to write to the (difficult) step-children to confirm if they are accepting their rights under the will and waiving their LEGAL rights? This might make my job as executor easier in carrying out my spouse's wishes in her will and avoid conflict? Thanks

                        Comment

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