Life after probate

Ap_hazard_42

In what respect? What details do I need to post? The whole will? Or certain words? Its a lot to post.

Mojisola

Ap_hazard_42 wrote: »

She is 70 this year with no home, no money

Not connected to the will problem but surely she's claiming a pension and pension credit at the very least.

Ap_hazard_42

Also really all I want to know is when will this ordeal be over and my mum can start rebuilding her life?


I cant understand what is taking so long, There are no disputes, all beneficiaries are known and have addresses. no houses need to be sold, no unknown assets. 1 parcel of land needs to be sold but we offered to buy it after an independent valuation.

Ap_hazard_42

She has a basic state pension . pension credit people know she will inherit a property eventually and didn't seem helpful.

Mojisola

Ap_hazard_42 wrote: »

She has a basic state pension . pension credit people know she will inherit a property eventually and didn't seem helpful.

PC is given or not on the basis of money coming in each week.

Whether she is due an inheritance some time in the future is irrelevant.

Ap_hazard_42

Thanks Mojisola, I will encourage her to claim. But she really does just want to have her own home back and her independence.

Mojisola

Ap_hazard_42 wrote: »

Thanks Mojisola, I will encourage her to claim. But she really does just want to have her own home back and her independence.

It's not an either/or situation.

Why do you say "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"?

Normally the executor would settle all the debts before distributing any inheritance.

dzug1

Ap_hazard_42 wrote: »

Hi





I don't want to get too emotional but the LAW has failed in protecting my mum.


What do you actually expect it to do?.





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.


Maybe they did tell him and he took no notice

No chance of that as the executors don't want to give her home to her.


Maybe they want to, maybe they don't. But on the face of it unless they ignore the will they can't. Or do you expect them to use their own money to do so? If they do it's grace and favour, not law.


Also we asked for money for my mum to live and they didn't give her any.


Again, they don't have the power, as executors, to give her money

An executor's job is to carry out the instructions of the will, not to vary it in favour of 'deserving' beneficiaries.

Sorry that's not formatted itself as I expected

thorsoak

Ap_hazard_42 wrote: »

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?

The law has not failed your mother and as I said in my other post, if you are receiving a financial bequest, why can you not loan this to your mother to repay the charge - although I believe that the charge should be repaid by the executors which may mean that you get nothing - but your mother should receive her legacy charge free.

You did not answer my question before, so I ask again: if you do receive a cash bequest, could you not use this to release the charge?

Ap_hazard_42

thorsoak wrote: »

The law has not failed your mother and as I said in my other post, if you are receiving a financial bequest, why can you not loan this to your mother to repay the charge - although I believe that the charge should be repaid by the executors which may mean that you get nothing - but your mother should receive her legacy charge free.

You did not answer my question before, so I ask again: if you do receive a cash bequest, could you not use this to release the charge?

There should be a sum of money from the residue to help pay 'the charge' Yes and again as I said earlier I am happy to pay the charge from my legacy if I had the money in my hands.
BUT I would like for my mum to be given her home back, if they are not dissolving the estate how can I make them, so that I can pay the 'charge'.