Mothers Will !!!

biglicker

Hi, this may have been answered many times, but when I searched the forum, I got too many come up to read through....
My mother died last summertime, she left a will. My brother was made executor. She left my brother her house and my sister and I a sum of money. He has been granted Probate, early Febuary. He now lives in the house and is renting his own out. My sister and I think he is not going to execute the will. What can we do to find out what is happening, he does not answer any telephone calls or emails from either of us ???:(
Greatfull of any advice.

sassyblue

Do you know if a solicitor prepared the will, are they dealing with it now too? Perhaps a ring round of solicitors and ask them if they are dealing its it?

biglicker

sassyblue wrote: »

Do you know if a solicitor prepared the will, are they dealing with it now too? Perhaps a ring round of solicitors and ask them if they are dealing its it?

Yes a solicitor did prepare the will, it was my mothers wish (stated in her will) for the solicitor to deal with the will on her death.My brother did not want them to so he had the will from them to deal with it himself.(also to save himself money) I have rang them but as they dealt with the will and my brother, they said they can not advise me......

TonyMMM

Have you actually seen the will - if not, get a copy from the Probate Office (assuming probate has gone through) and check exactly what it says. e.g. does it say you are left a specific sum or does it say a percentage of the residual estate. This could important, because it si not unknown for an executor to claim there was no estate left to distribute.

You may have to see a different solicitor and get them to write to your brother on your behalf asking for an account of the estate.

biglicker

Hi, I have a copy of the will and it does state a fixed ammount. Probate was granted to my brother in Feb. this year, but what happens now, neither my sister or I have any clue??:think:

Mojisola

biglicker wrote: »

Yes a solicitor did prepare the will, it was my mothers wish (stated in her will) for the solicitor to deal with the will on her death.My brother did not want them to so he had the will from them to deal with it himself.(also to save himself money) I have rang them but as they dealt with the will and my brother, they said they can not advise me......

If the solicitor was named as the executor, the solicitor should have done the work. It's very unusual for them to hand the job over to someone else as they wouldn't then earn any money from the will.

Not giving any names or other identifying details, what does that bit of the will say?

kingfisherblue

biglicker wrote: »

Hi, I have a copy of the will and it does state a fixed ammount. Probate was granted to my brother in Feb. this year, but what happens now, neither my sister or I have any clue??:think:

have you received the money?

biglicker

Mojisola wrote: »

If the solicitor was named as the executor, the solicitor should have done the work. It's very unusual for them to hand the job over to someone else as they wouldn't then earn any money from the will.

Not giving any names or other identifying details, what does that bit of the will say?

The will stated my mothers wish was for the solicitor to deal with the will - My brother wanted to save the money as any expense would have come out of his part of the will. The solicitor remebers him well, he told me when I spoke to him on the phone to enquire about the will,he said that as hes dealt with the will, he was unable to help me.

biglicker

kingfisherblue wrote: »

have you received the money?

Neither of us has recieved anything, as yet.:(

paddedjohn

Probate was only granted 4 months ago so he may still be sorting everything out. Is he local enough to visit rather than sending emails?

troubleinparadise

Whilst he may still be waiting on certain monies to be released to the estate, which sometimes have to wait for Probate to be granted to be allowed, that should have happened by now, if he is getting on with the paperwork. Which in certain instances it looks as if he has, given that he is now living in the house (assuming he has transferred ownership to his name following probate).

He may be being slow with the administration, or there may be shares or effects waiting to be sold perhaps? And of course tax!

Whatever, he is still also required to be transparent and open about what is happening. It is not unreasonable to ask him when you might expect to receive your legacy. It would ring alarm bells with me if he is reluctant to respond.