Executor not paying out beneficiary

Disapp39

My stepfather died in Oct 2012, probate was granted to my daughter as Executor and main beneficiary on 28 Dec 2012, she informed me that I was mentioned in the will and since then I have not heard from her. I applied and received a copy of the Will from the Probate Court and find that I have inherited £15K with the remainder of money and property going to my daughter. I have twice sent her letters to ask why she hasnt paid me my small inheritance but I receive no answer, our relationship seems to have broken down and I dont really know why. What can I do to make her pay me my rightful legacy?

virgin_moneysaver

having been through something similar recently and contacting the probate court on several occasions for advice the bottom line is that the probate court aren't a contentious court and if you feel that the executor is at fault you can only employ your own solicitor to challenge, who, if a letter doesn't work can then apply for the probate court to ask the executor for a statement of affairs re the deceased and to ascertain how far along she is with completing probate. its all a civil matter so the Police wont be involved. My realisation is that, yes its important to make a will, but just as important is the executor. The beneficiaries are reliant on the executor to be truthful and transparent in all dealings, this isn't always the case - this is what ive been told by our local probate office over the last year

madbadrob

Virgin as answered this most comprehensively but I would if I coud ring the sister and ask whats happening if she doesnt give you a response inform her that you intend to have a solicitor get involved and that you will go as far as is required with the costs set against her. This may frighten her into telling you. Remember though that because the will says you are entitled to 15k if there is no money after the debts are paid you wont get a penny. As you say the house is left to your sister so she doesnt have to sell that to cover your bequest. Just because a will says you should get x amount this doesnt always have to be the case

Rob

getmore4less

madbadrob wrote: »

Virgin as answered this most comprehensively but I would if I coud ring the sister and ask whats happening if she doesnt give you a response inform her that you intend to have a solicitor get involved and that you will go as far as is required with the costs set against her. This may frighten her into telling you. Remember though that because the will says you are entitled to 15k if there is no money after the debts are paid you wont get a penny. As you say the house is left to your sister so she doesnt have to sell that to cover your bequest. Just because a will says you should get x amount this doesnt always have to be the case

Rob

That not what she said, she said remainder which could mean residual which needs clarifying.

madbadrob

getmore4less wrote: »

That not what she said, she said remainder which could mean residual which needs clarifying.

No she said remainder of the money and the house going to the sister which I read as the house is the sisters plus any cash left

Rob

specialboy

madbadrob wrote: »

No she said remainder of the money and the house going to the sister which I read as the house is the sisters plus any cash left

Rob

She didn't even say that, she said ''the remainder of the money and property going to my daughter'' (who you even referred to as sister)

madbadrob

yes she did but it still doesnt take away from my original point. The way the OP worded it is that the house is separate from the monies and therefore doesnt invalidate what I stated other than the fact I typed sister instead of daughter.

Rob

specialboy

Where is there a mention of a house though? The property could mean furniture, car belongings etc. You are putting words on the thread that weren't there. (The OP may come back and confirm the existence of a house but until then it would be wrong to presume one exists.

nom_de_plume

Property generally (the wording of the will is obviously important) will take priority over cash in the distribution of an estate.
In an estate I'm still dealing with, there is not enough cash left after IHT to pay the cash legacies in full and any beneficiaries who may have obtained a copy of the will are going to be sorely disappointed at their reduced inheritances. The property beneficiaries however got their full inheritances.

jackyann

This does seem to have got a bit muddled!
OP - whilst accepting that the Probate Office can only advise, I would nevertheless go to them to begin with. They will help you to get the issues straight in you own mind.
I would contact the executor in whichever way you feel best initially; I would also consider an approach through another relative or friend. If the executor is struggling, they may welcome some help, but not want to tell you.
If no joy, then a "signed for" letter saying that you have spoken to the Probate Office (just mentioning it may add an air of officialdom!) and that you would like to know the status of the accounts. They may have been unable to sell the property, for example, but should really be keeping you informed.
Only after that would I be looking to pay for a solicitor (check things like home insurance, union membership etc. as they often include an offer of some legal advice)

BobQ

madbadrob wrote: »

No she said remainder of the money and the house going to the sister which I read as the house is the sisters plus any cash left

Rob

As stated above, I cannot see the word "house" used in the OP. The OP said:

.......I have inherited £15K with the remainder of money and property going to my daughter.

We have no idea what the "property" comprises. It could be a house but it might be shares etc.