Will of mother cannot be found

Mazza176

It is now two weeks since my Mother's Funeral - it was an awful experience as none of the family (apart from my oldest Brother's) even acknoweldged me and things have gone from bad to worse.

There is still no evidence of Mother's Will - even though my Husband and Daughter were at her house when my Step-Sister was helping her to write it (many years ago), she is flattly denying all knowledge of it.

Therefore, it has been decided by my two Brothers and Step-Sister that the £10k which has been left is to be divded between the three of them.

Due to the ongoing feud with the family over the fact that Mother lent me money long before she became ill, I have not been allowed to have any input in this decision as in the heat of the moment, I did say that I wanted no part of any money left.

So the money is being share between the three of them, even though my Step-Sister was never formally adopted.

Can they go ahead with this, is it legal or should I be given the right to have my say?

Any advice this would be much appreciated!

runninglea

If there is no will then she died intestate and nobody can have or touch any of the monies until the court has decided.

Have you told the banks that she has died - they should put the accounts on stop.

However since they are below a certain figure then some of the banks might release the monies to someone with a death certificate etc.

Has anyone applied to the court for probate - if not you can do so

Mazza176

Thanks!

There was a bank account but my Brother (who I do not speak to) was in charge of this as he had Power of Attorney. Apparently he has arranged to close the account so he will get all the money out. Some of it was in cash already, which he has, so I will not be able to do anything as far as the money is concerned.

Errata

Mazza176 wrote: »

Thanks!

There was a bank account but my Brother (who I do not speak to) was in charge of this as he had Power of Attorney. Apparently he has arranged to close the account so he will get all the money out. Some of it was in cash already, which he has, so I will not be able to do anything as far as the money is concerned.

POA ceases when someone dies, so legally Brother can't touch the bank account or a penny piece of the money. If you believe he intends to try, speak to the bank and explain the situation to them so the account can be frozen.

dibuzz

No advice but sending you hugs as I know how you must be feeling.
It's not quite the same but my dad remarried a few years after I left home. I got on fine with his wife but she made all his funeral arrangements without consulting us and we (I'm his only child, my kids are his only grandchildren) were made to feel like outsiders. We weren't even given the chance to say a final goodbye as she had asked for a closed coffin.
His wife, her sisters, niece and niece's boyfriend went in the main car which my Auntie (his only surviving siter) was furious about.
I don;t even know what she did with his ashes and although he always told me he'd provided for me in his will she claims he didnt make one.

getmore4less

There comes a time when you have to draw a line under things.

Unless there is other wrong doing/assets is it really worth a fight for £3300 less any fees that will likely be incured.

Might be worth trying to get the account frozen.

Apply for letters of administration which will require some cooperation of the blood children(2 or 3 not clear).

if the money has gone getting back for distribution will be the next step.

I can see it getting messy unless they capitulate.

Mojisola

Mazza176 wrote: »

However, some 12 years ago, my Mother made a Will, with the help of my Step-Sister (not official, but one which you can buy and write out yourself). She asked my eldest Son if he would agree to be Executor and he agreed.

my Step-Sister has denied all knowledge of it ever being made. I belive that my Brother has had Power of Attorny over Mother's affairs but my Son is now very upset that he will not be able to carry out his Grandmother's wishes.

If the will has been "lost" and your Step-sister is prepared to lie about it ever existing, there's little you can do.

Without the will, the estate should be divided according to the intestacy rules. Your siblings are acting outside the law by not giving you an equal share of the money.

Whether you want to fight for that money - which may cost you more than you would receive from your mother - is up to you.

Sometimes the best thing to do is just walk away from the mess.

Mazza176

Thanks everyone - this all really helps!!

I didn't go in the family car either to the funeral - I didn't even know where I was going to sit at the crematorium but at the last minute I got the strength to push my way through the crowd and followed my Brothers and Step-Sister behind Mother ...it was so awful but I sat at the front with my own close family beside me.

I have "been allowed" by the rest of the family to scatter Mother's ashes so at least I have been given that privelage.

Mojisola

Mazza176 wrote: »

Thanks everyone - this all really helps!!

I didn't go in the family car either to the funeral - I didn't even know where I was going to sit at the crematorium but at the last minute I got the strength to push my way through the crowd and followed my Brothers and Step-Sister behind Mother ...it was so awful but I sat at the front with my own close family beside me.

I have "been allowed" by the rest of the family to scatter Mother's ashes so at least I have been given that privelage.

Dreadful situation!

This kind of stress can make grieving harder. If you need help, these people - https://www.crusebereavementcare.org.uk/ - are worth contacting.