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not claiming probate
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fuls77
Posts: 13 Forumite
My brother died interstate at 30yrs old,at the time of his death he was living with our parent's. We have contacted the probate office and filled in the appropriate forms for his estate. However we have heard back from them to say that his next of kin is actually his very young son and that his mother (they were never married and were separated at the time of his death) will need to be part of the application as well as my father. We have tried to contact her about this before as we thought this might be the case but as things are strained between us all she is not responding to our requests to contact us so we can sort out my brother's estate. If we can not progress with application for probate and neither does she on her son's behalf what happens to my brother's estate?? He currently has a house but obviously has a mortgage on this and ppl are currently renting the property, a car with no debt, a couple of small loans, and then there will be a work pension which pays out a lump but is being held until the probate application is completed!!
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If you know where your Nephew and his mother live you could go around and speak to her face to face. If thats not possible due to the strained relationship what about using her parents or a mutual friend to act as a go between. If this isn't possible contact your local probate court and ask them for advice on how best to proceed. It may well be that you have to instruct a solicitor to act on your nephew's behalf but I am not so sure in this case of how to proceed
Rob0 -
Hi Rob unfortunately we have tried your suggestions to no avail. Would I be right in thinking if his estate is not claimed it will just go to the government and my nephew will receive nothing?? His estate is about 50k and it just breaks my heart that my nephew has lost his Daddy and there will be no money to care for him in the future!0
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It won't go to the state, there is a known single benifitiary.
The residue will end up in trust for the child.0 -
So will his house be repossessed? And his 2 small loans will be paid out of his pension lump sum and then whatever is left over will go in trust for his son when he comes of age?. All my dad is worried about is that his name is cleared of debt and his grandson has some money to take care of him!0
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OP, was it made clear to the child's mother that you wish to get in touch in order to discuss her son's inheritance?
If relations between her and the family are so bad, maybe the news would be better received in a letter from your Dad's solicitor.0 -
Check with the probate office how much effort/time you need to contact the benifitiaries parent before they will allow the estate to be administered.
Perhaps try a solicitors letter outlining that if she agrees the estate will be managed for her/her son so there will be nothing(little) for her to do.
The immediate issue is the house and the tenants.
Not upto speed on the tenant rights but the property boards may know
Where is the rent going, how is the mortgage getting paid. is anyone picking up maintenance issues.
Have the other bebts been notified and frozen them.
unlike an executor that can deal with things imediately, potential administrators have limited rights but AIUI protecting the estate is one of them.
Things don't happen fast so reposession should be some way off, most lenders if kept in the loop are simpathetic and if getting paid even more so.0 -
Further to the does the state get it.
truly unclaimed assests end up with the treasury solicitors
http://www.bonavacantia.gov.uk/output/
No idea if they can help they must have similar situations where there is a know benifitiary that cannot be contacted.
Probably tell you to go to a local solicitor.0 -
getmore4less wrote: »It won't go to the state, there is a known single benifitiary.
And loads of other blood relations.
The child's mother can't refuse the inheritance on behalf of their son so it will have to be held in trust for him.
Go back to the Probate Office. I don't think there are any rules saying that the minor's other parent must be involved - it's probably best practice but where the other parent is unco-operative, other arrangements have to be made, especially where there are mortgages and tenants involved.0 -
Allthough perhaps not entirely relevent this covers some issues relating to problem administrations.
http://www.stepjournal.org/journal_archive/2009/march_2009/tackling_troublesome_executors.aspx0
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