Help needed

Mojisola

pmlindyloo wrote: »

Re: the pension details.

Is it possible that they were claiming Pension Credit as a joint claim and they need the details to include these in a single claim?

If they were claiming PC as a couple, then it would be down to spanner to claim as a single person. It isn't anything to do with the executor.

Errata

The cynic in me says the executors want to know the OP's income so they can decide if the OP can keep the house in good repair whilst she lives in it. They have a problem: who decides what 'good repair' is and what can they legally do if the house isn't kept in good repair?

Mojisola

spanner73 wrote: »

My husband died in July this year and left the house to share between his 3 children and myself if its sold. If not I can live in the house as long as i need to and keep it in a good state of repair.

Errata wrote: »

The cynic in me says the executors want to know the OP's income so they can decide if the OP can keep the house in good repair whilst she lives in it. They have a problem: who decides what 'good repair' is and what can they legally do if the house isn't kept in good repair?

It's a very odd clause. Usually the widow/widower is given the right to stay in the family home and the children don't inherit until after the surviving spouse dies.

Personally, if the children are already being like this, hard as it might be to move out, I would want the house sold and my independence from them. Are they going to insist on regular inspections and put pressure on spanner to do X, Y and Z because they think it needs doing? They might struggle to legally force her to get work done but they could make life very unpleasant.

g6jns_2

Mojisola wrote: »

It's a very odd clause. Usually the widow/widower is given the right to stay in the family home and the children don't inherit until after the surviving spouse dies.

Personally, if the children are already being like this, hard as it might be to move out, I would want the house sold and my independence from them. Are they going to insist on regular inspections and put pressure on spanner to do X, Y and Z because they think it needs doing? They might struggle to legally force her to get work done but they could make life very unpleasant.

I wonder if the executors even realize the implications of being trustees for a number of years.

PennyForThem_2

Mojisola wrote: »

Buy a copy of the will. It's a public document - anyone can buy one - if your stepchildren get upset because you buy one, I would be suspicious of what they're trying to do.

An executor who is acting honestly has no need to keep things secret.

If probate has not been granted yet how can she buy a copy of the will? In England and Wales there is no obligation to 'lodge' a will as a public document - this only happens after probate.

Bit late then, isn't it?

g6jns_2

PennyForThem wrote: »

If probate has not been granted yet how can she buy a copy of the will? In England and Wales there is no obligation to 'lodge' a will as a public document - this only happens after probate.

Bit late then, isn't it?

It is possible, under certain circumstances, to lodge a caveat with the Probate Office that acts as a warning that something may be amiss and will delay probate being granted. Unfortunately incompetent and dishonest executors can get away with things sometimes. This tells you more about dealing with executors who are being difficult.

http://www.step.org/tackling-troublesome-executors

Errata

PennyForThem wrote: »

If probate has not been granted yet how can she buy a copy of the will? In England and Wales there is no obligation to 'lodge' a will as a public document - this only happens after probate.

Bit late then, isn't it?

The OP has stated that "His daughter is doing the probate" which may be a fair indication that probate has been granted.

sithemadmonkey

Errata wrote: »

The OP has stated that "His daughter is doing the probate" which may be a fair indication that probate has been granted.

I read it the other way round - 'doing probate' to me sounds like the forms are currently being filled out and information is being gathered.

Tuesday_Tenor

Errata wrote: »

The OP has stated that "His daughter is doing the probate" which may be a fair indication that probate has been granted.

I read that as 'doing the probate application', i.e. will not yet lodged with Probate Office, but will be before long.

OP, either way, I would ask again, pointing out that

- as a beneficiary you have a right to a copy from the executor
- it is not unreasonable to want to understand, clearly, promptly and in detail, exactly what the ownership, and any other interests, will be in the home you live in
Then if there's still a problem, point out there's no point keeping it hidden, as it will be a public document soon anyway.

Hope you get a copy soon.

AMILLIONDOLLARS

What you receive as a pension, is not her business. You don't ask her how much she earns!

She is quite welcomed to see the House Insurance. As you are living there, I would expect you to be responsible for Gas/Elec/Water Rate/Council Tax, as you would have to do this if you moved into rented or bought your own home.

General Repairs and upkeep of the building is a shared responsibility, which the four of you need to sit down and discuss. They are weighing up their options on whether to keep the house or sell it. The question you need to ask yourself is, do you want to go or stay?

Your earning are not taken into consideration when doing probate, only your late husband's. If in doubt visit your nearest Citizen Advice Bureau, or call their helpline, Age Concern may also be able to help.

Try this link

http://www.ageuk.org.uk/products/financial-products-and-services/legal-services/


AMD