No contact with sister since becoming executor of mothers will

cj500

Sorry if in wrong place but this forum title seemed closest to my question.

My mother passed away in September 2011 and she made my sister the executor of her will. After funeral expenSes her assets were to be split evenly among her three children- myself, my brother and my sister. I know this because she showed me her will.

But since the funeral my sister has refused to return our texts and calls and has changed to a different solicitors firm which was not my mothers choice.

Probate has to be applied for but we dont know if it has. My brother and myself are going to see the new solicitor on Thursday but not sure what rights we have regarding getting information-
Can we ask how much is in the will?
Its not a complicated will just a few bank accounts and prize bonds, should probate be completed by now?
Can the executor of a will hold back in distributing funds?
Any other questions you think we should be asking appreciated
thanks

atush

If probate has been filed, you can get a copy of the info.

I don't know what bad blood there is between you and sis, but it can be a good idea to move solicitors if an older person has used one that is overcharging/expensive.

your sister will have to disburse assets according to the term of the will after all debts have been paid. If she doesn't, she will be in breach of her duties as executor. Will pretty much depend om the will so ask for a copy from the solicitor (the old one probably still has a copy?).

daveys_2

This is still a very traumatic time, and it could well be the case that your sister is still grieving the loss of your mother, and is find it hard to come to terms with things.

Is it possible to have a converstaion about her without bring the subject of the will into it? You might get a better idea of what is behind it all.

Personally speaking when my mother died I was quite involved with the funeral arrangements. I think because if that, it wasn't until a few weeks after the funeral itself (when the rest of the familly was getting back to normal) that my grieving process started

sharsiel

Hi, so sorry to read your mail - and my condolences on the loss of your mum. Sorry to worry you maybe further, but do you know if your sister got your mum to change her will? Did you see it just before her death? I found myself in a similar situation three years ago when my husband died and just over a month before his death, he changed his will appointing his sister as Executor instead of me and changing it to leave me out totally (I have never seen the will but she told me I had been left the house without any encumbrance!) leaving his money to those "that had helped him"! Do you know if something like that had been done as, if you are not in the will, the solicitor will not talk to you (they always refer back to the executor) and you will have no rights. Try sending your sister a registered post letter so you know she has received it, detailing your concerns. I was advised to go to Citizens Advice who printed out addresses that you can contact for a copy of the will and also probate but I'm afraid I never did it because of my severe depression and low self esteem (I couldn't stand up to his sister - just cried). I'll never know the reason he changed it and why his funeral was as she wanted it, not as he had requested to me, but I knew his mind was confused as he had a brain tumour but never thought anyone would take advantage as she did . I hope someone with a more legal background will be able to help you more. Good luck.

hermanmunster_3

depending on the amounts of money in the accounts and prize bonds the executors may not need to get probate. Have dealt with an estate recently and the money was sent to the executor on production of the will and the death cert - no probate needed. I think it was like this if an account was under £15,000.

xylophone

http://www.justice.gov.uk/courts/probate/obtain-probate/need-probate

cj500

Thanks for replys

I didnt realize that if joint accounts probate may not have to be applied for. My sister got my mother to change all her accounts to joint with her before she died. My brother and i have had our suspicions that she emptied and closed at least one of these accounts shortly after my mothers death using her death certificate and i also believe she has power of attorney or whatever its called.

Regarding will i saw the will after my mothers death and it leaves everything equally to my sister, myself and my brother and we believe it is over £15000. Her main wish was that there would be no conflict!!

I will let you know how the interview with the solicitor goes today, thanks

alanq

Power of Attorney ceases on the donor's death. This may however be relevant. Did Mother have mental capacity at the time of her death? An attorney must only make decisions in the best interest of the donor. If however Mother was still able to make decisions for herself I suppose there is no reason that she should not have authorised a joint account.

xylophone

cj500 wrote: »

Thanks for replys

I didnt realize that if joint accounts probate may not have to be applied for. My sister got my mother to change all her accounts to joint with her before she died. My brother and i have had our suspicions that she emptied and closed at least one of these accounts shortly after my mothers death using her death certificate and i also believe she has power of attorney or whatever its called.

Regarding will i saw the will after my mothers death and it leaves everything equally to my sister, myself and my brother and we believe it is over £15000. Her main wish was that there would be no conflict!!

I will let you know how the interview with the solicitor goes today, thanks

If this is the case then you may be on a sticky wicket - joint accounts normally pass by survivorship so that your sister owns all the money in these accounts?

However, see http://www.gadllp.co.uk/blog/?p=234

cj500

Went to solicitor yesterday and he assured us that everything was going according to plan and there has been no underhand activity by my sister.
We found out the value of the will and were told probate should be completed within two months thereafter the funds would be distributed.
Hopefully just a case of lack of communication for so long has led to suspicions arising but everything seems fine, alot happier now.

Tanks for the help:)

norabatty_2

Hi, sorry to hear about your mother.

I occasionally work in a solicitor's office and from drafting letters, etc, I have noticed that it usually takes somewhere between 12 and 18 months for solicitors to fully wind up an estate - paying for funeral expenses, outstanding bills like gas and electricity, death certs, getting money from a ridiculous amount of bank accounts and pension providers, sale of houses, meeting beneficiaries, sharing what's left according to the exact terms of the will, etc. It all takes way more time than you'd think! So don't expect a cheque in the post next week! Chances are it will be late 2012/early 2013 before you see your money.