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  • FIRST POST
    • luvpenguins
    • By luvpenguins 19th Apr 17, 8:36 PM
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    luvpenguins
    How long do these things take?
    • #1
    • 19th Apr 17, 8:36 PM
    How long do these things take? 19th Apr 17 at 8:36 PM
    I am posting on behalf of my mum, who will be 81 this year. She recently heard from her older brother that their cousin had passed away in March last year.

    Said cousin had no children, and no family apart from my mum and her two remaining siblings.

    Mum's brother has been approached by a solicitor who has asked for details of remaining siblings, as apparently, the three of them are the only remaining next of kin for the cousin, so he has sent off their details.

    Does this mean that the cousin died intestate? If so, how long does probate usually take? I have done some investigating and discovered that the cousin's house was sold in November 2016 for a sizeable sum, although she was in a care home for the last 6 months of her life.

    Is it as simple as dividing the value of the house and anything else into three and distributing it to the three remaining cousins, obviously when solicitor's fees etc have been paid? To say my mother is overwhelmed is an understatement, she has always worked very hard all her life and has never been handed anything, so her imagination is going into overdrive.

    I am trying to manage her expectations, but have to admit it all sounds really exciting. We've never been involved in anything like this before.

    How long do these things take to complete?

    Thank you.
Page 1
    • PasturesNew
    • By PasturesNew 19th Apr 17, 8:41 PM
    • 59,605 Posts
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    PasturesNew
    • #2
    • 19th Apr 17, 8:41 PM
    • #2
    • 19th Apr 17, 8:41 PM
    Not long if it's simple ... all they have to do is establish who would inherit - the deceased's siblings - and at that point the paperwork can be done.

    What can put a fly in the ointment is if somebody says "I'm sure she did have a son ....illegitimate... I remember visiting them in 1946 .... where did he go?" ... and it's a whole new ball game.
    • Yorkshireman99
    • By Yorkshireman99 19th Apr 17, 8:49 PM
    • 2,771 Posts
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    Yorkshireman99
    • #3
    • 19th Apr 17, 8:49 PM
    • #3
    • 19th Apr 17, 8:49 PM
    I am posting on behalf of my mum, who will be 81 this year. She recently heard from her older brother that their cousin had passed away in March last year.

    Said cousin had no children, and no family apart from my mum and her two remaining siblings.

    Mum's brother has been approached by a solicitor who has asked for details of remaining siblings, as apparently, the three of them are the only remaining next of kin for the cousin, so he has sent off their details.

    Does this mean that the cousin died intestate? If so, how long does probate usually take? I have done some investigating and discovered that the cousin's house was sold in November 2016 for a sizeable sum, although she was in a care home for the last 6 months of her life.

    Is it as simple as dividing the value of the house and anything else into three and distributing it to the three remaining cousins, obviously when solicitor's fees etc have been paid? To say my mother is overwhelmed is an understatement, she has always worked very hard all her life and has never been handed anything, so her imagination is going into overdrive.

    I am trying to manage her expectations, but have to admit it all sounds really exciting. We've never been involved in anything like this before.

    How long do these things take to complete?

    Thank you.
    Originally posted by luvpenguins
    It sounds very promising. Based on what you have said I would tell her that she should get a good surprise. The solicitor might be willing to give a ball park figure for the estate value.
    • luvpenguins
    • By luvpenguins 19th Apr 17, 9:02 PM
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    luvpenguins
    • #4
    • 19th Apr 17, 9:02 PM
    • #4
    • 19th Apr 17, 9:02 PM
    My uncle (the oldest cousin) was the one who kept in touch with her in the later years, my mother moved away and lost touch, although she remembers her cousin fondly.

    She is veering between 'I've never had anything for nothing, it's not likely to change now' to 'I'd love to help my children and grandchildren out', and 'a couple of thousand would be nice' to 'what would I do with all that money?'

    I have to say, I can't quite believe it myself. My mum moved in with me 20 years ago to help look after my two little boys so that I could work when my (now ex) husband left us for his secretary. They are now both grown up and making their own way in the world, thanks to me and their gran. Their dad had very little input.

    To think that after all these years of struggling things might get better is a bit mind blowing, to be honest.

    The house, according to Zoopla, was sold for just under £400,000, so this would be a life changing sum for my mum, and me in a second hand way.
    • Yorkshireman99
    • By Yorkshireman99 19th Apr 17, 9:29 PM
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    Yorkshireman99
    • #5
    • 19th Apr 17, 9:29 PM
    • #5
    • 19th Apr 17, 9:29 PM
    My uncle (the oldest cousin) was the one who kept in touch with her in the later years, my mother moved away and lost touch, although she remembers her cousin fondly.

    She is veering between 'I've never had anything for nothing, it's not likely to change now' to 'I'd love to help my children and grandchildren out', and 'a couple of thousand would be nice' to 'what would I do with all that money?'

    I have to say, I can't quite believe it myself. My mum moved in with me 20 years ago to help look after my two little boys so that I could work when my (now ex) husband left us for his secretary. They are now both grown up and making their own way in the world, thanks to me and their gran. Their dad had very little input.

    To think that after all these years of struggling things might get better is a bit mind blowing, to be honest.

    The house, according to Zoopla, was sold for just under £400,000, so this would be a life changing sum for my mum, and me in a second hand way.
    Originally posted by luvpenguins
    Deducting likely IHT and some care home fees then it should mean conservatively £100,000 for each of the three. I would still ask the solicitor for a ball park figure. Expect to wait a minium of six months from the date of death and more likely to be 12 months before the estate is paid out.
    Last edited by Yorkshireman99; 19-04-2017 at 9:32 PM.
    • luvpenguins
    • By luvpenguins 19th Apr 17, 10:16 PM
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    luvpenguins
    • #6
    • 19th Apr 17, 10:16 PM
    • #6
    • 19th Apr 17, 10:16 PM
    Thanks, Yorkshireman, will do. Exciting times.
    • poppystar
    • By poppystar 19th Apr 17, 10:34 PM
    • 162 Posts
    • 423 Thanks
    poppystar
    • #7
    • 19th Apr 17, 10:34 PM
    • #7
    • 19th Apr 17, 10:34 PM
    I don't want to dampen your spirit but it doesn't appear that you know that cousin died intestate, unless I am missing something. Is it possible for mum's older brother to contact the solicitor again to ask if the estate was intestate or if there was a will.
    There could have been a will and mum and her siblings might still be beneficiaries but that could be to only part of the estate.

    Fingers crossed for intestate and good fortune
    • luvpenguins
    • By luvpenguins 19th Apr 17, 10:46 PM
    • 28 Posts
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    luvpenguins
    • #8
    • 19th Apr 17, 10:46 PM
    • #8
    • 19th Apr 17, 10:46 PM
    Thanks Poppystar, this is what I need to question I think. What made me wonder though was that the solicitor contacted elder brother asking for siblings. Although you are right, she may have left 90% of her estate to the local cat's home for all we know, and 10% to be shared between any living relations.

    I just wish it would end! We really need to know so that we can get on with it.

    I will talk to my uncle (he is 86!!!) and ask him to ask the solicitor these questions, but it might be difficult, as he's of the 'old school' and doesn't think it's worth bothering about!

    These old folk are doing my head in! If it was me I would have been straight in there, finding out what was happening!

    My mum and her brother, although old, are both very compos mentis though, so I have to take a step back. The other sister, the youngster at only 78....they haven't told her about this, it might tip her over the edge, she is a bit excitable.

    Thanks for all your input anyway, it is much appreciated.
    Last edited by luvpenguins; 19-04-2017 at 10:50 PM.
    • leespot
    • By leespot 20th Apr 17, 12:40 AM
    • 542 Posts
    • 434 Thanks
    leespot
    • #9
    • 20th Apr 17, 12:40 AM
    • #9
    • 20th Apr 17, 12:40 AM
    Tell the youngest one too, let them share in the excitement!
    • MichelleUK
    • By MichelleUK 20th Apr 17, 9:14 AM
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    MichelleUK
    As the house has been sold, this points to probate or letters of administration having been issued. You can check for it here and order a copy of the Will if there is one (for a small fee):

    https://www.gov.uk/search-will-probate
    • luvpenguins
    • By luvpenguins 20th Apr 17, 9:32 AM
    • 28 Posts
    • 40 Thanks
    luvpenguins
    Tell the youngest one too, let them share in the excitement!
    Originally posted by leespot
    Haha, that may not be a good idea Leespot, she is of a 'delicate' nature, shall we say

    Plus she wouldn't give the other two any peace until the outcome is known, and she'd drive everyone mental

    It's great seeing my mum make all these plans. She only finished working 5 months ago when the old man she cooked for died (he was 97, so it was to be expected). I suggested they book a cruise and have a bit of luxury, but they said it was a 'waste of good money'!
    • luvpenguins
    • By luvpenguins 20th Apr 17, 8:56 PM
    • 28 Posts
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    luvpenguins
    Arrrgh! Two flies have appeared in the ointment! I was chatting to a friend about the situation, and he seems to think that because there were originally five cousins, then the inheritance should be split into fifths.

    Each cousin who is still alive will get a fifth, and two cousins who are no longer with us would have got a fifth each, but their children will share the fifth.

    Does that make sense?

    So if the inheritance is £500, instead of splitting this between the three remaining cousins, it will be split into 5. So the three cousins will each get £100, and the remaining £200 will be distributed amongst the children of the two cousins who have died (I worked out there are nine altogether).

    Does this sound correct?
    • Yorkshireman99
    • By Yorkshireman99 20th Apr 17, 9:03 PM
    • 2,771 Posts
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    Yorkshireman99
    Take a look here.

    https://www.gov.uk/inherits-someone-dies-without-will

    If you go through it the information you want will be given.
    • luvpenguins
    • By luvpenguins 20th Apr 17, 9:43 PM
    • 28 Posts
    • 40 Thanks
    luvpenguins
    Cousins aren't mentioned. We'll just have to wait and see. Thanks for all your help, I'll come back and let you know what happens :-)
    • Mojisola
    • By Mojisola 20th Apr 17, 9:55 PM
    • 27,956 Posts
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    Mojisola
    A flowchart can make it easier -
    www.nicheadvice.co.uk/uk-intestacy-rules-flow-chart-2015/

    AIUI, cousins can inherit if their parents (the deceased's uncles and aunts) have already died. The estate is divided between the number of uncles and aunts and each person's share is divided between their children.

    So - if a deceased uncle had one child, that person receives all of their parent's share; if he had three children, those people receive one-third of their parent's share.
    • dunroving
    • By dunroving 21st Apr 17, 8:57 AM
    • 438 Posts
    • 166 Thanks
    dunroving
    I'd say very strongly that unless you know there was no will, you should not count your chickens. Fate has a way of working strangely in these situations.
    • myrnahaz
    • By myrnahaz 21st Apr 17, 11:43 AM
    • 1,095 Posts
    • 685 Thanks
    myrnahaz
    It certainly isn't a quick nor an easy process. My father's 1st cousin died intestate 14 months ago. The old man had no children, his siblings had died without having children, so we've had to go back two generations to the cousin's parents and grandparents to trace THEIR siblings and offspring! And yes, if a beneficiary has died but had produced children, then the deceased person's share will be passed to their offspring.
    If this search isn't done accurately, any potential benefactors who appear after the funds have been distributed would have the right to demand their share. If the original beneficiaries have spent their inheritance, the new beneficiaries can sue them or the estate administrator.
    In our case, we had to hire Heir Hunters (who found two more beneficiaries that none of the family had ever heard of - one of whom was illegitimate but eligible); then, on the basis of the heir hunters' search results, we had to buy an insurance policy to cover any potential 'hidden' beneficiaries - all of which cost about £20k!
    We still have no idea as to when the funds will be distributed (and there's still a chance that a will might appear), but the whole process has been really fascinating! The best way to deal with it is to assume that you'll receive nothing, and just try to put it to the back of your minds until you know for absolute sure.
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