Who has rights to estate after a death and what happens to it?

[hollowman 51]

my mum recently passed away this month with cancer , but a few months before this a family fued began and really really honestly i have no idea why . at the time of the fued i was away on holiday with my wife and children . when we returned home all our numbers where barred by family ,plus any social media sites . my children ignored by my brother ,sister and nephew etc .

 

 

as to the point my mother passed away on the 8th of january , not long before this she had christmas dinner at my house ,with me and my family (wife kids) and told me she didnt have long left . she also at this point tried to offer me all her savings , i flately and completely refused any of it , my thoughts were if there was anything i would prefer her grandchildren to benefit from it .(i know how much there was as she showed me her savings account book)

 

 

on recieving the bad news about my mum i immediately called to her house , only around a hundred yards away .

 

 

i was devastated , to the point of a mild heart attack and a gran mal fit .

my sister immediately took over everything (she was next of kin ,but upto this point work was her priority not mum )

a very good freind of my mums asked if his bank book was around (mum saved it for him) that was found but what was also found is that mums handbag had been emptied completley of everything .

 

 

i was furious ,upset ,angry ,suicidal . i could not beleive how low my family had become in an instant .

 

 

i phoned her building society and ordered a stop on the account as i beleived someone was going to access the money , luckily there policy is once accessed by a 3rd party it cannot be accessed again for 30 days by a 3rd party.

 

 

since mum died , no one has contacted me family wise to update me on anything and i have heard all arrangements via 3rd parties . i even found out funeral times and date via facebook believe it or not i do not want to rock the boat so to speak but i know in my heart this is not what my mother would want . i do know someone tried to access my account , an old halifax one i let my mum use to pay her cable bill . i dont have the card it dissapeared along with the other things from mums handbag , so i have cancelled the card .

 

 

from a legal point of view , what access does my sister have to this account its a saving account ,i know the funeral has been paid from it ,there is no outstanding bills at all only credits for gas ,electric ,water etc,

 

 

i really dont care if i get a penny of it ,mum was a single parent and would have starved herself to feed us when we were younger , it just feels like i am been pushed out for there benefit , every other sibling (3) has a key to the house ,but not me . and non speak to me or my children .

 

 

would i be a bad person to try to take action to stop anything been taken from the estate without been notified first

 

 

please help its driving me insane .

Edited January 31, 2016 by hollowlj

[citizenB 10,172]

Is there a will

 

Who is the executor

 

Has anyone applied for probate

 

Who is going to be dealing with the funeral and other costs ?

[hollowman 51]

Thank you for the reply . No will was ever made mum kept saying she was going to but never did . The executor would then I believe fall on her oldest child who is my sister .

Funding for the funeral has come out of mums savings . This I discussed with the person at the building society .

She did say it would go to probate but after reading it seems someone has to apply for this .

So at the minute my sister seems to be holding all the cards . As she did when the funeral was arranged , everyone but me had Input into the matter except me . I wasn't told a thing and when I tried to call by landline my calls were ignored . No one wanted to know for the last 4 years when she was undergoing numerous treatment, scans etc for 4 different cancers. Mum was amazing but direct with people I can only imagine how discusted she would be at this time

[Mr.P 1,829]

No will was ever made mum kept saying she was going to but never did . The executor would then I believe fall on her oldest child who is my sister .

 

Funding for the funeral has come out of mums savings . This I discussed with the person at the building society .

She did say it would go to probate but after reading it seems someone has to apply for this .

 

Application for Letters of Administration (a.k.a. Probate) falls to whoever wishes to take on the role of executor. This could be a close family member, friend, or a solicitor. There is no absolute rule governing who "does the deed".

 

The bank will usually release funds directly to the funeral director on production of the invoice and does not need probate for this to be done. As your sister arranged the funeral, it will be her responsibility to sort out the cost of the funeral. If the bank refuses to release the funds, then it will have to come out of her own pocket and then reclaimed from the estate once probate has been granted.

 

There are strict rules on how an estate can be shared out in the absence of a will. This is known as the Rules of Intestacy, so whoever applies for probate needs to read up on them and ensure that they are followed.

 

How much is the estate worth ?

Did your mother own the house ?

 

If the estate is under £5,000, applying for probate will not cost anything, if over, then the fee is £215 and will be required if there is a property. Should the estate be worth more than £325,000, then Inheritance Tax will be due and I would strongly recommend consulting a qualified solicitor conversant in probate.

[hollowman 51]

Thank you for the replies and help .

 

 

Mum didn't own her own house it was council rented for over 40 years .

 

 

The estate before funeral funds was approx 22k . Not a massive amount by no means at all .

 

 

But when the subject came up about the savings account and the fact that the building society book was missing .

My sister swiftly swept the whole matter under the carpet so to speak .

 

 

Her words were something like there wasn't really anything in her account .

Except on Xmas day when I think mum knew she didn't have much time left showed me the building society book

and current balance .

 

For me I wish she had wrote a Will and donated to a worth while charity .

 

I know if I apply for probate then it will cause he'll on earth for me .

The fact is no family members like me as they always said I reminded them of dad .

 

Can someone who is not direct family apply for probate ?

[Mr.P 1,829]

Can someone who is not direct family apply for probate ?

 

As per previous answer: A solicitor can apply for probate to administer the estate. However, they will require instruction from ALL siblings before taking on the role. There will also be significant expense as well. Perhaps £2-3,000 plus 2-5% of the value of the estate.

[hollowman 51]

my sister and 2 brothers will benefit from it as there is no chance they will sign for probate ,that's there whole idea .

 

 

They're not daft and will have covered all bases .

 

 

I wish mum had left nothing at all .

 

 

Maybe the family would actually speak to one another .

[Andyorch 10,461]

They have to apply as its over 5 K...they cant touch any money without it...and in that probate they have to list you as a Son/Daughter...you therefore have a claim on the estate of your late Mother.

[hollowman 51]

All i wish for is a nice headstone to be placed there as she is buried with her mother and father as she was an only child . God rest her soul she beat cancer as such , as pneumonia was the main cause of her death .

[stu007 2,549]

This link may be of help its to do with Wills, probate and inheritance: https://www.gov.uk/wills-probate-inheritance/overview

[Mr.P 1,829]

They have to apply as its over 5 K...they cant touch any money without it...

 

Unfortunately, many banks will release up to £20,000 on the production of a death certificate and signing an indemnity form. The best thing the OP can do is to write to the bank(s) informing them that the deceased died intestate, there is an unresolved dispute over distribution, and not to release any monies until probate has been granted.

[Andyorch 10,461]

http://www.thisismoney.co.uk/money/news/article-3322876/Relief-bereaved-families-banks-raise-probate-limit.html

[hollowman 51]

thank you for the above information i will contact the building society on monday ,i do not have proof of mums death ,not even seen the death certificate but the building society staff knew her personally .

 

 

ii now need advice on the council house she lived in as now my sister wants to take possesion of it even though mum was sole tenant no one has lived with her in the house for at least 10 years , but my sister knows the local ex coucillor who seems to think she can get the house via 'request to assign tenancy' i think they are going to say my sister was mums carer even though it was very very obvious the only thing she cares about is herself . ive benn informed this through the ex councillors daughter ,who also quoted for financial gain its been done (in the fact my sister would sell the house ,she herself doesnt have the money to buy it ,but my brother owns a succesful buisness and does have the funds ) plus if the % per year is applied my mum lived in the house for 41 years so the house would be pennies .

 

 

 

 

makes you realise that you know who you family and freinds really are when this type of thing happens . truth be told i have more freinds on this forum that i have in my own town. money is greed to them . think im getting bitter in my old age (43)

[Mr.P 1,829]

ii now need advice on the council house she lived in as now my sister wants to take possesion of it even though mum was sole tenant no one has lived with her in the house for at least 10 years , but my sister knows the local ex coucillor who seems to think she can get the house via 'request to assign tenancy' i think they are going to say my sister was mums carer even though it was very very obvious the only thing she cares about is herself . ive benn informed this through the ex councillors daughter ,who also quoted for financial gain its been done (in the fact my sister would sell the house ,she herself doesnt have the money to buy it ,but my brother owns a succesful buisness and does have the funds ) plus if the % per year is applied my mum lived in the house for 41 years so the house would be pennies .

 

There are rules about succession of tenancy, and a whole raft more on the right to buy. Don't quote me on this, but I think the sister needs to have occupied the property for several years prior to the succession. If she qualifies to take on the tenancy, the right to buy clock is reset, so she wouldn't be able to purchase it immediately nor would she get much in the way of discount. If she planned on buying the property and then selling it again within a year or so, then the discount would have to be repaid to the council.

 

A quiet word with the daughter of the ex-councillor pointing out that what is being suggested could amount to abuse of office, possibly maladministration, and might even lead to a prosecution. It would certainly be a matter of interest for the local papers if this scheme was allowed to proceed.

[stu007 2,549]

Right on the Succession side have a look at this link: http://england.shelter.org.uk/get_advice/social_housing/transfers_and_exchanges/can_you_inherit_a_council_tenancy

 

As for RTB if they think its as simple as getting succession then applying for RTB they are going to be dissapointed as it isn't the case.

 

The important part of RTB is you have to be a TENANT for 3 years (previously 5 years changed May 2015)

 

You can read more on RTB Here: https://righttobuy.communities.gov.uk/?s=Right+to+Buy

[goodatresearch 689]

Not true. You do not need instructions from all the siblings.

 

Plus many solicitors will do it on a fixed fee basis. I've just been charged £1,500 in total and there was a property to sell and significant savings.

 

As per previous answer: A solicitor can apply for probate to administer the estate. However, they will require instruction from ALL siblings before taking on the role. There will also be significant expense as well. Perhaps £2-3,000 plus 2-5% of the value of the estate.

[Ethel Street 1,443]

A quiet word with the daughter of the ex-councillor pointing out that what is being suggested could amount to abuse of office, possibly maladministration, and might even lead to a prosecution..

 

How could an ex-Councillor be guilty of abusing an office they don't hold? As I understand OP's post the ex-Councillor wasn't offering to help secure an assignment of the tenancy to OP's sister, just offering their opinion that the tenancy could be assigned. I don't see anything wrong with offering an opinion - that's what we do on CAG all the time!

[surprise 392]

I can empathise with you going through something similar in our family but If you were feeling really malicious! you could always ring the local housing office up and advise them that your mother had passed away and that the property was empty. If its anything like our local council once you tell them someone is deceased they give you a week to empty the property. I don't know if all councils work the same but unless your name is on the tenancy agreement then the property does not automatically come to you even if you are residing in it. Hope this works out for you I know from experience what money does to some people.

[hollowman 51]

Well its been over 2 months since mum passed away . The family members have not spoken to me at all except for in one heated argument .when my sister accused me of stealing mums bank book on the day she died i was fuming and threatened her with police and legal intervention from a solicitor. I then received a nasty text from my brother which i phoned and had it out with him .only for him to tell me he had taken the bank book and my sister already knew this. He had also changed the door locks on the house incase I had a key for the property.

 

The house thing I believe has backfired on them as if any repairs where needed the council had my name and number for contact .

 

I received an unexpected visit from a tenancy officer asking me what was happening to the house and why hadn't the keys been handed in So I told him the truth about it all . He wasnt very pleased and asked me for my sister's number which I willing gave him. He replied with i guarantee that they won't get it .

 

I think that might be true as my nephew (another one who won't speak) lived next door to mum and he is now moving and iI believe my sister is moving just a few doors away from where she is living now. As for the bank account I have no idea Wether or not my sister and brother have emptied it or not..I have the few possessions that Iwanted which consists of a few trinkets and a few old family pictures. We have not spoken a word to the family since the 9th Feb which was mums birthday when I was "allowed" to take some flowers upto the house ,

 

I am sore about the whole thing I've been told nothing at all. I don't even know when mums ashes are been put in the plot .

 

its the things like that ,that are eating away at my mind .Not mums money as anything i might or most llikely won't receive was going to be given to my children. As me and mum where the closest in the family and that is what she wanted she said it numerous times .me and my with were the ones who were with her through 5 years of cancer and ill health .The other family members only seemed to pop out of the woodwork it the last 6 months .

Edited March 16, 2016 by honeybee13
Paras.

[honeybee13 4,443]

I'm so sorry that you're going through this.

 

It's very sad how a death can bring out the worst in people.

 

Hugs, HB