Guidance needed

AHewlett

My Nan died in March 2007 in Newcastle, where she had moved to after having a stroke under the persuasion of my Uncle.

She lived in flat which was sheltered accommodation then moved into a nursing home, which my Mum didn’t know anything about, where she later died.

Now, according to her will, everything was to be divided between my Mum and Uncle who are joint executors of the will. I was to be given a trust fund once everything had been settled and there was no mention of my cousin.

Everything has gone through the Probate once but fell through because the flat wasn’t sold. According to my Uncle, the government paid for her to stay at a nursing home and will have to be paid back when the flat is sold.

My Mum has requested a silver set, a silver matchbox and Nan’s jewellery as well as her ashes. My Uncle hasn’t given her any of these. According to him, Nan’s ashes are still at the funeral home where they’ll remain until the funeral is paid for. We called the funeral home, where they said the funeral is still being paid for but they don’t have the ashes. My Uncle is currently paying the funeral home.

My Uncle asked my Mum if she would help pay for the funeral which she tried to do but due to financial circumstances couldn’t pay much and in the end, we couldn’t help anymore. We wrote to him to let him know what was happening and needless to say, he wasn’t very happy.

Mum told him to take what she owed for the funeral out of the sale of the flat to which he replied that there would be nothing left.

We haven’t heard anything from him since then and we don’t have a clue what’s going on.

My Mum just wants Nan’s ashes back and we don’t know where they are. We’ve been to a lawyer who said he would send a letter to my Uncle which was going to cost £250, which we can’t afford at the moment.

Until then, we’re stuck and my Uncle isn’t very well. When he dies, I assume everything will fall to my Mum but until then, we don’t know what to do.

Any suggestions would be rather helpful.

Thank you,
Anne-Marie.

EDIT - More information. My Uncle put the flat for sale once, took it off market because it wasn't selling then put it up for sale again. I believe the Probate told us, if I remember correctly, they were waiting for the sale of the flat.

RAS

I would start by getting guidance from the Probate Office.

Check whether probate has been granted ? If the house is for sale i would expect it to have been done but cannot see how this was done without your mother being involved.. if so get a copy of the probate.

Get a copy of the deeds from the land Registry - is the property in Nan's name or the beneficiaries.

Have either of you been to see the house recently??

AHewlett

RAS wrote: »

I would start by getting guidance from the Probate Office.

Check whether probate has been granted ? If the house is for sale i would expect it to have been done but cannot see how this was done without your mother being involved.. if so get a copy of the probate.

Get a copy of the deeds from the land Registry - is the property in Nan's name or the beneficiaries.

Have either of you been to see the house recently??

My Mum and I live on the Wirral, so it would be take a coach ride to get to Newcastle but we have been there.

Kitchen isn't upgraded and it's empty, so the asking price is a bit too high in our book.

I think we've got in touch with the Probate once before but we will contact them again.

RAS

Download the deeds from the Land Registry because you need to know in whose names the house is held NOW.

Your mum is an executor so she can do the sorting out as long as uncle agrees. She has a legal duty to sort this out.

Unless she signed away her rights?

AHewlett

RAS wrote: »

Download the deeds from the Land Registry because you need to know in whose names the house is held NOW.

Your mum is an executor so she can do the sorting out as long as uncle agrees. She has a legal duty to sort this out.

Unless she signed away her rights?

I'm sure the deed was in my Nan's name as she bought the flat when she sold her bungalow down here.

The only thing she signed was that she agreed to carry on if my Uncle ever died and it would fall to her, though it does say in the will that she is a executor.

RAS

AHewlett wrote: »

I'm sure the deed was in my Nan's name as she bought the flat when she sold her bungalow down here.

Once probate is granted, your uncle may have changed the deeds to "the estate of Mrs Nan'. He can do that legally.

AHewlett wrote: »

The only thing she signed was that she agreed to carry on if my Uncle ever died and it would fall to her, though it does say in the will that she is a executor.

If she is an executor, she has a legal duty to sort out the estate.

She is failing in her duty at the moment. She needs to ring the Probate Office and find out what she is supposed to be doing rather than worrying about uncle not doing things.

AHewlett

RAS wrote: »

Once probate is granted, your uncle may have changed the deeds to "the estate of Mrs Nan'. He can do that legally.



If she is an executor, she has a legal duty to sort out the estate.

She is failing in her duty at the moment. She needs to ring the Probate Office and find out what she is supposed to be doing rather than worrying about uncle not doing things.

Problem is, my Uncle won't let her and we have talked to the Probate once before who I think said they were waiting for the sale of the flat. Apparently, I've just asked my Mum, my Uncle put it up for sale, took it off the market because it wasn't selling and then put it up for sale again which it is at the moment for £62,000.

RAS

The law is simply this - there are two executors; neither can legally prevent the other from involving themselves in settling the estate. It does not matter what uncle says; mum needs to tell him that unless he keeps her fully informed, she will be doing the job in half the time.

If the house is now on the market, did mum sign the paperwork appointing the estate agents? Or sign anything granting uncle the right to do it? Otherwise the contract is void.

He cannot sell without her signing the deed of sale.

if you download the deeds from the Land regsitry, it will idicate whether there is a restriction on the property from the Council. As an executor, mum can ring or write to the Council and ask for the value of the debt for the care home (they may want to see a copy of the will to confirm she is an executor, she has got a certified copy?)

Go on-line and look at the price for which house in the same road that need work sold last year.

AHewlett

RAS wrote: »

The law is simply this - there are two executors; neither can legally prevent the other from involving themselves in settling the estate. It does not matter what uncle says; mum needs to tell him that unless he keeps her fully informed, she will be doing the job in half the time.

If the house is now on the market, did mum sign the paperwork appointing the estate agents? Or sign anything granting uncle the right to do it? Otherwise the contract is void.

He cannot sell without her signing the deed of sale.

if you download the deeds from the Land regsitry, it will idicate whether there is a restriction on the property from the Council. As an executor, mum can ring or write to the Council and ask for the value of the debt for the care home (they may want to see a copy of the will to confirm she is an executor, she has got a certified copy?)

Go on-line and look at the price for which house in the same road that need work sold last year.

Ha, I believe we've told my Uncle this but he's a stubborn person.

Anyway, she's very sure she hasn't signed anything to do with estate agents. She has called them previously to see what was happening to the property when we searched for it on RightMove which is when the estate agent told us my uncle pulled it off the market then put it back on.

I'm about to buy the deeds in a couple of minutes.

And properties in the same building, with old kitchen are up for sale for £58,000. One with a new kitchen is up for £69,000

Itsgottabedone

AHewlett wrote: »

The only thing she signed was that she agreed to carry on if my Uncle ever died and it would fall to her, though it does say in the will that she is a executor.

This sounds to me like the declaration of intention to stand down from being an executor that is signed before probate is applied for. If this was accepted then she is not an executor any longer.

I'm a bit worried about your assumption, OP, that when your uncle dies it will all pass to your Mum - his will might say otherwise!

AHewlett

Itsgottabedone wrote: »

This sounds to me like the declaration of intention to stand down from being an executor that is signed before probate is applied for. If this was accepted then she is not an executor any longer.

I'm a bit worried about your assumption, OP, that when your uncle dies it will all pass to your Mum - his will might say otherwise!

The form was sent from the Newcastle Probate, I believe, asking my Mum that if something ever happened to my Uncle then she would carry on which she agreed to.

And I'm only repeating what the Probate told Mum.

EDIT - Just downloaded the Land Registry and it's my Nan's name