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Distribution of estate question
gil13
Posts: 297 Forumite
Hi Everyone, well done for all that contribute with helpful advise and experiences to fellow MSE'ers - great to see.
My work colleague recently lost her mum and has now got letters of administration (the mum left no will) and has got the bank accounts sorted and in process of paying out final bills etc.
It is her and one brother who are the beneficaries but he hadnt had contact with the mother for over a decade pretty much, all sounds quite a complicated story, but anyway what happens next? She writes to the brother as the adminstrator and encloses the accounts and says you are due to receive XXX amount. Does she need to get a written reponse confirming acceptance? There is a thought he might reject his share, then what? (I am guessing that needs slightly more care in case he changes his mind at some point and she will need some sort of cover on that I would have thought?)
The total estate is not of great value not property or assets to consider, so no formal solicitor has needed to be involved. I think she just wants to do it all by the book and I said let me check some replies on MSE !
Any tips/comments most welcome and thanks in advance for taking the trouble.
My work colleague recently lost her mum and has now got letters of administration (the mum left no will) and has got the bank accounts sorted and in process of paying out final bills etc.
It is her and one brother who are the beneficaries but he hadnt had contact with the mother for over a decade pretty much, all sounds quite a complicated story, but anyway what happens next? She writes to the brother as the adminstrator and encloses the accounts and says you are due to receive XXX amount. Does she need to get a written reponse confirming acceptance? There is a thought he might reject his share, then what? (I am guessing that needs slightly more care in case he changes his mind at some point and she will need some sort of cover on that I would have thought?)
The total estate is not of great value not property or assets to consider, so no formal solicitor has needed to be involved. I think she just wants to do it all by the book and I said let me check some replies on MSE !
Any tips/comments most welcome and thanks in advance for taking the trouble.
0
Comments
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Why does she think he will reject it?
One option if he does not want it is to gift it away.0 -
She Produces a set of printed accounts of the estate.
Sends him his cheque, writes her own.
Closes the account.Be happy...;)0 -
getmore4less wrote: »Why does she think he will reject it?
One option if he does not want it is to gift it away.
I don't think she knows for sure, but there was some kind of family bust up years ago and he may well say I don't want a penny of it! I assume in that case, she would need something in written form? His share would then come back into estate and she would benefit from it? or maybe her children instead (but then I guess it might be a bit more complicated as it would need a deed of variation or something along those lines)0 -
Was he invited to the funeral.
is this an opportunity to repair the relationship0 -
I was in a similar situation, sent the cheque, cheque was cashed..0
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getmore4less wrote: »Was he invited to the funeral.
is this an opportunity to repair the relationship
I know the brother was invited to the funeral and he didn't go.0 -
He doesnt have to accept anything but if he doesnt want the money then you need to get him to sign a legal contract stating that he waives his right to the money. Legally and Kore may be better to advise as I am not sure how the law stands but she could offer it to her neices and nephews or if there are none it would be returned to the estate and thus the OP's friend would receive it.
Rob0
This discussion has been closed.
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