not claiming probate

fuls77

NAR wrote: »

Did the Probate Office have no suggestions at all? Surely this sort of situation has arisen before.

Can't understand why she would want to deprive your nephew of his inheritance.

I don't think she wants to deprive her son I don't think she wants to deal with us as a family. The probate office have said all they need is a letter from her to say that she is my nephews legal guardian. I think if we don't hear from her this week we will go back to the probate office maybe they can send her a letter

fuls77

getmore4less wrote: »

Check with the probate office how much effort/time you need to contact the benifitiaries parent before they will allow the estate to be administered.

Perhaps try a solicitors letter outlining that if she agrees the estate will be managed for her/her son so there will be nothing(little) for her to do.


The immediate issue is the house and the tenants.
Not upto speed on the tenant rights but the property boards may know

Where is the rent going, how is the mortgage getting paid. is anyone picking up maintenance issues.

Have the other bebts been notified and frozen them.


unlike an executor that can deal with things imediately, potential administrators have limited rights but AIUI protecting the estate is one of them.

Things don't happen fast so reposession should be some way off, most lenders if kept in the loop are simpathetic and if getting paid even more so.

The tenants are fully aware and have been lovely. The rent is still being collected and my dad is keeping it at home. The mortgage ppl have also been great and have frozen all payments until probate is completed. All other debts have been frozen.
My dad and I have completed all the probate forms so she literally has to do nothing just send in a simple letter!!

fuls77

Mojisola wrote: »

And loads of other blood relations.

The child's mother can't refuse the inheritance on behalf of their son so it will have to be held in trust for him.

Go back to the Probate Office. I don't think there are any rules saying that the minor's other parent must be involved - it's probably best practice but where the other parent is unco-operative, other arrangements have to be made, especially where there are mortgages and tenants involved.

That's all we want is for all debts to be paid and my nephew gets his inheritance. I cannot believe that a girl who he met got pregnant had his baby can have so much say over his estate. They were only together 18 months and my parents have gone from seeing their grandson 3x a week to now not seeing him for over 2 months because she is too busy for them to see him. The whole system seems wrong to me. I understand my nephew is his next of kin but surely as he is a minor my dad should then become next of kin so we are able to deal with this. Not an ex girlfriend!

getmore4less

fuls77 wrote: »

That's all we want is for all debts to be paid and my nephew gets his inheritance. I cannot believe that a girl who he met got pregnant had his baby can have so much say over his estate. They were only together 18 months and my parents have gone from seeing their grandson 3x a week to now not seeing him for over 2 months because she is too busy for them to see him. The whole system seems wrong to me. I understand my nephew is his next of kin but surely as he is a minor my dad should then become next of kin so we are able to deal with this. Not an ex girlfriend!

It needs to be this way, parents(legal guardians) are responsible for acting on behalf of a benificiary that is a minor not the parents of the deseased.

If the child dies the mother inherits everything.

Mojisola

fuls77 wrote: »

That's all we want is for all debts to be paid and my nephew gets his inheritance. I cannot believe that a girl who he met got pregnant had his baby can have so much say over his estate.

They were only together 18 months and my parents have gone from seeing their grandson 3x a week to now not seeing him for over 2 months because she is too busy for them to see him. The whole system seems wrong to me.

I understand my nephew is his next of kin but surely as he is a minor my dad should then become next of kin so we are able to deal with this. Not an ex girlfriend!

But the NOK of the child is his mother. She doesn't have any say over your brother's estate as such but she would over her son's inheritance - if you see what I mean.

If she doesn't want to be involved then I can't see why your father wouldn't be able to administer the estate.

loubel

I'm sorry for your loss.

If the child's mother doesn't want to apply for a Grant on his behalf then you can apply to the court for permission to have someone else do so instead. Contact the Probate Office for guidance or instruct a Solicitor to assist.

madbadrob

getmore4less wrote: »

Further to the does the state get it.

truly unclaimed assests end up with the treasury solicitors
http://www.bonavacantia.gov.uk/output/

No idea if they can help they must have similar situations where there is a know benifitiary that cannot be contacted.
Probably tell you to go to a local solicitor.

If there are known heirs TSOL will not become involved at all.

Rob

madbadrob

To be totally fair here if your nephew's mother wanted to be totally nasty she could take you and your family out of the picture altogether. As your nephew is the entitled heir and he is under 18 then has his guardian your brothers ex can apply to administer the estate on your nephew's behalf. As others have said I would have a solicitor contact her explaining the situation giving her a set time to reply in and then if she doesn't I would ask the solicitor to ask the courts to have her removed and for your father to be allowed to administer the estate and set up the trust fund for your nephew.

Rob

fuls77

madbadrob wrote: »

To be totally fair here if your nephew's mother wanted to be totally nasty she could take you and your family out of the picture altogether. As your nephew is the entitled heir and he is under 18 then has his guardian your brothers ex can apply to administer the estate on your nephew's behalf. As others have said I would have a solicitor contact her explaining the situation giving her a set time to reply in and then if she doesn't I would ask the solicitor to ask the courts to have her removed and for your father to be allowed to administer the estate and set up the trust fund for your nephew.

Rob

So she has contacted us today with a solicitors letter and they want details of his house car bank account. So she is obviously cutting us out. We are so hurt and devastated that she could do this. Is there nothing we could do. She is already talking about on facebook the holidays shes having and the weekends away. I dont see the money going to look after my nephew

getmore4less

There needs to be 2 personal reps and trustees as the benifitiary is a minor.

You need to find out if there is any way to control who can act as the second rep/trustee get advice before giving up any information.

By the looks of it the silence has been her getting advice.

Longer term, if the funds are missued the nephew can sue the trustees but this can get hard to prove.


For others reading

lesson:
As soon as you have a kid make a will or consider amending the one you have.

These days unknown kids are also an issue so a will is important if you have assets and have ever.........