Life after probate

Ap_hazard_42

Hi,


Its a complicated situation we find ourselves in, but my fathers grant of probate has been granted. This was last year in Oct last year. Myself and my mum are not executors. Is there a time limit on when the estate should be administered? 6 months has passed for my mum to make an claims.


Thanks

dzug1

There is no strict time limit - it's as long as it takes. Don't be surprised if it takes another 6 months - particularly if a solicitor is involved

getmore4less

There is something known as the "executors year" which is a year

If you want specific info a little more detail will be needed.

is it just slow or do you suspect something might be a start.

Ap_hazard_42

Its not been an easy situation and I think an exceptional circumstance. My mum has no home, as the home she did share with her husband was in poor repair. She was left no money to maintain the property or for basic utilities.
Her name was on none of the deeds and she had no access to bank accounts or any information.
My father left two relatives as executors but they inform us of nothing. I have been left a sum of money but my mum has been left the house and buildnings and land. This equates to half the estate.
The property she has had left to her has a 'charge' attached. The amount cannot come from the residue estate. She has to find the sum of money herself. She is 70 this year with no home, no money and an inheritance she doesn't know when she will receive also with a charge!
We have employed a solicitor who has wrote to the executors and has had no reply now for a month. We asked : How do they want my mum to pay the debt, pls give instruction? Still waiting, its awful for a lady her age. We are amicable. We have asked for the testamentary notes... still waiting. As I said , it is over 6months after probate. We feel we have no rights.
Thanks for any useful advise
The law fails people like my mum!

greenval

Firstly let me say that I'm sorry for your loss.
The problem however is not that' the law has failed your Mum'
What we all need to think about well in advance is making a will and really thinking through and taking advice on how the provisions of that Will will impact on those left behind , for example your Mum having property but no means to maintain it.
It can be difficult if someone dies unexpectedly, as my Dad did last year,access to money was difficult initially.
Finally I agree that the Executors should do more to keep you updated but finalising an estate, especially making sure you have traced all assets and just as important, all liabilities can be quite3 long drawn out.
I hope things are resolved soon

getmore4less

What does the will say?

This will be critical to what the executors should be doing.

thorsoak

Ap_hazard_42 wrote: »

Its not been an easy situation and I think an exceptional circumstance. My mum has no home, as the home she did share with her husband was in poor repair. She was left no money to maintain the property or for basic utilities.
Her name was on none of the deeds and she had no access to bank accounts or any information.
My father left two relatives as executors but they inform us of nothing. I have been left a sum of money but my mum has been left the house and buildnings and land. This equates to half the estate.
The property she has had left to her has a 'charge' attached. The amount cannot come from the residue estate. She has to find the sum of money herself. She is 70 this year with no home, no money and an inheritance she doesn't know when she will receive also with a charge!
We have employed a solicitor who has wrote to the executors and has had no reply now for a month. We asked : How do they want my mum to pay the debt, pls give instruction? Still waiting, its awful for a lady her age. We are amicable. We have asked for the testamentary notes... still waiting. As I said , it is over 6months after probate. We feel we have no rights.
Thanks for any useful advise
The law fails people like my mum!

If you have been left a sum of money, could you not lend this to your mother to release the charge on the property and land?

dzug1

Ap_hazard_42 wrote: »

We have employed a solicitor who has wrote to the executors and has had no reply now for a month. We asked : How do they want my mum to pay the debt, pls give instruction? !

Unfortunately that's not the executors' problem. I'm not really surprised there is no answer - more that the question was ever asked in that form.

Ap_hazard_42

Hi


with the best of respect I don't see how my mum could have been better prepared considering her husband was an unreasonable person who told her nothing of his affairs. I loved and care for my father but struggled to understand how when married he didn't have the skills to show his wife any care, respect or kindness etc..




I don't want to get too emotional but the LAW has failed in protecting my mum.
She has done all the right things all her life. She is from an era of "You made yr bed now lie in it". She looked after him everyday and in sickness. He didn't share anything with her.
Then he dies leaving a will, but with his male family as executors who have the same stupid mentality as himself.


She has endured living with no money, black mold on walls and a pole holding up her bedroom ceiling. She cant live there again. Any heating would go back out of the 2 inch gaps in the windows.


Then it must be his solicitors fault for not informing him of how his action would impact on his wife. in which case the law has failed my mum.


I'm not trying to be rude, but there is just no help out there, all my mum wants to do is live the rest of her life in her home of 40+ years, when we have renovated it. No chance of that as the executors don't want to give her home to her.


Also we asked for money for my mum to live and they didn't give her any. Where's the decency or compassion for a woman whose husband died and left her in limbo?

Ap_hazard_42

Hi, not sure how the question of repayment should be made? The executors have told us what we have to do and not been agreeable on any reasonable suggestions made for eg giving my mum no money to live off.


I have looked after my mum financially for over 18months now. I also have a family of my own. I would/will pay the charge on the property if I wasn't waiting for my legacy too. The exectutors are not responding to anything.


They have a duty to give us the testamentary notes. But no sign of them. Again the law fails us.


Every time I instruct a solicitor I we are charged both ends. I pay, them we pay the other end through our residue money.


I don't have a massive stash of money lying around. We are powerless in our own futures...How can my mum move on?

getmore4less

You can't get any help here until you say exactly what the will says.