Sticky situation, need advice (or personal opinion)

xapprenticex

My father passed away about 8 months ago, he was single, split from his last partner about 2 years before he passed away.

As a result, I'm next of kin (of age) whereas the others are not of age. I am on the probate and the ex partner is on the probate as a representative of my brother and sister.

Now I'm noticing that she is not communicating with me and I do not know what is going on, for all i know, she has a part of my fathers estate that im not even aware of. She sent a copy of the probate to my fathers place of work for the death in service benefit, she said they require a letter from me as well as im on the probate but before I got round to even sending a letter off, she told me she suddenly received it, im hoping she has not sent a letter in my name giving permission.

Is she allowed to use the money on things without my permission, am i suposed to be included in this process? Do I have any rights or is there anyone I can go to if it comes to that?

Ill be contacting the old company next week to see why they sent the cheque without me sending a letter as they originally required... I'm just hoping they don't say "you did!!!" because my nice guy act will have to end should that happen.

Also I hear on the grapevine (yep im on the probate but I'm having to hear from others) that she received my dads pension (they have been separated 2 years), so thats not right...

i wonder if it works like you can take a reduced death in service and have the pension or a larger death in service payment without the pension? I dont know, ill speak to them next week.

I get the feeling she is pushing me away because of the issue of the house which WILL be brought up at some point regardless, they both mortgaged it but it depends on the type of mortgage etc...

Anyway, any help or advice you can offer will be appreciated.

flossy_splodge

Oh dear, not fun.
Are you actually listed as an executor and are you also a named beneficiary?
Have you seen the will?
If there is something going wrong you can get a halt put on things so eg a property could not be sold without agreement.
Are the two of you the only executors?
Who are the beneficiaries?
Why is this person even possibly acting for YOUR relatives when actually NO relation to them?
Need some answers.

Bella73

Sorry can't give you any advice other than to consultant a Solicitor.

xapprenticex

flossy_splodge wrote: »

Oh dear, not fun.
Are you actually listed as an executor and are you also a named beneficiary?
Have you seen the will?
If there is something going wrong you can get a halt put on things so eg a property could not be sold without agreement.
Are the two of you the only executors?
Who are the beneficiaries?
Why is this person even possibly acting for YOUR relatives when actually NO relation to them?
Need some answers.

There was no will.

The property wont be sold, but its a matter of my fathers half being divided between me, my step brother and sister. the ex is not married to my father. If the mortgage is et up where she gets it 100% of it then I know I wont get anything from it.

Yes we are the only two executors, me as im next of kin and the ex on behalf of her two children (my step bro/sis) who are under 18.

Hope that covers your questions.

Crabapple

You do need to find out what is going on. Not only should you be getting any and all information, and signing in relation to the assets, but you have a responsibility and liability as a personal representative to make sure everything is being done correctly.

You are saying that these are step-siblings, but I'm presuming you mean half-siblings, ie that they are also your father's children? In an intestacy unless they are also his children either biologically or by adoption they would not be entitled to anything.

You are doing the right thing by contacting the company to find out what has been paid and why. Often benefits from pension schemes are discretionary, in that they are paid out based on the surviving relatives and their situation so you need to know what information was provided. There are only a few schemes that would pay out to an unmarried partner let alone an ex, but if there is an ongoing payment it might perhaps be for the children as they are minors.

You should also find out about the house. The mortgage means nothing, although you know it was in joint names. The ownership of the house itself is what is key as to if this passes direct to the surviving owner or a share is in your father's estate. You can get a copy of the title document from the Land Registry for a few quid.

You'll be looking for an entry under the names of the owners that starts along the lines of 'no disposition by a sole proprietor....' Can't remember the exact wording right now!

xapprenticex

Crabapple wrote: »

You do need to find out what is going on. Not only should you be getting any and all information, and signing in relation to the assets, but you have a responsibility and liability as a personal representative to make sure everything is being done correctly.

You are saying that these are step-siblings, but I'm presuming you mean half-siblings, ie that they are also your father's children? In an intestacy unless they are also his children either biologically or by adoption they would not be entitled to anything.

You are doing the right thing by contacting the company to find out what has been paid and why. Often benefits from pension schemes are discretionary, in that they are paid out based on the surviving relatives and their situation so you need to know what information was provided. There are only a few schemes that would pay out to an unmarried partner let alone an ex, but if there is an ongoing payment it might perhaps be for the children as they are minors.

You should also find out about the house. The mortgage means nothing, although you know it was in joint names. The ownership of the house itself is what is key as to if this passes direct to the surviving owner or a share is in your father's estate. You can get a copy of the title document from the Land Registry for a few quid.

You'll be looking for an entry under the names of the owners that starts along the lines of 'no disposition by a sole proprietor....' Can't remember the exact wording right now!

Exactly, before we got the probate sorted out, we agreed that I would be kept in the loop, She is the mother of my half brother and sister, and my father is their father too so they have as much right as me.

I did as you said, went to the land registry site and both names are down as owners, my fathers and hers. Couldn't find anything about "no disposition by a sole proprietor".

Now i know what bank issued the mortgage and it makes sense as when she was communicating with me, she said she needed me to sign something for the 'Bank' (that's all she said, i think its to do with the mortgage). Maybe ill have to contact them too in case she has sent a letter that looks like its from me when it is not.

I think she started to keep me at a distance when I started asking too many questions..

You've been a great help. thank you.

Crabapple

If there is nothing else on the title documents, then they owned the house as joint tenants. That means she will have inherited the whole thing by survivorship and it does not pass through the estate (although it is counted for tax purposes). The surviving owner can also deal with it without the executors being involved.

As far as the mortgage company is concerned they will just want to know that the names on the title are the same as the mortgage, they are not concerned with exactly how the people own the property.

xapprenticex

Okay, if thats the case, then thats the property out of the way, its just the rest of the stuff.

as she has been living with him for donkeys years she would know where all of his assets are whereas the rest of us don't. So its just a matter of hoping things don't get brushed under the carpet, as it were.

CRANKY40

Chances are that if there was a death in service benefit then the pension she is receiving could be the childrens pension. I get a widows pension from the M.O.D but my son also receives a pension in respect of his late father from the M.O.D every month until he is 18. I save it for him, but you're not obliged to do that.

xapprenticex

Really, so I wouldn't be entitled to any of that. Seems a little unfair, basically wouldn't that mean my siblings would receive more than me though it should be an equal share?

Dont want to come off as sounding greedy but it always sounds like that when money is involved...

Flugelhorn

some pension schemes with death benefits have a section where you can nominate who gets the benefits - so not always obvious NOK and I think unmarried couples are advised to make sure that the partner is nominated.
He may have changed his so his partner got it and never changed it back again when they split