More help..

Tradzor

I made a post yesterday and was given very helpfull advise leading to look into it further, and so wow i discovered my dad did leave a will, to which i wasn't even informed about by the executor who is my aunt.


the will states everything is to be left to myself, brother and sister.


My brother has paulsy, and sister down syndrome, so they obviously cant look into this stuff.


If you see my previous post i had mentioned medals to which i was told they were keeping etc and my sister got a cheque for £2000.


I've yet to recieve my cheque, been given excuse and excuse.. now heres the thing..My aunt the executor doesn't seem to want to communicate with me, i have asked my other aunt for her number etc and its ignored, she has obviously told her she doesn't want to talk to me.


My aunt kept me in the dark about all of this, i didn't even realize my dad left a will until this morning, by the way my dad passed away in october 2014.


I don't even know how much money my dad left, how can i find this out? The way things have been going i know its sad to say, but i think my aunt has been hiding and possibly keeping money from us.


Any advise would be appreciated.

RAS

As a beneficiary you are not entitled to information until the estate is executed. Then you should be sent a copy of the accounts and your share of the estate.

If aunt fails to follow the instructions in the will, she is legally liable for any losses to yourself or any siblings.

Have your brother or sister been sent accounts (regardless of their disabilities)?

Tradzor

What do you mean by estate is executed?


I also got a copy of the grant today, which is close to £17700.


My dad wouldn't of had debts, my little sister recieving the cheque for £2000 means theyre also planning on giving me and my brother this amount so £6000 altogether to be divided between us 3.


Even though ive recieved no cheque and heard excuses, theyve been very blunt with me, the executor my aunt i haven't spoke to her since the funerul and seems she doesnt want me to be able to communicate with her.


Im in northern ireland, my dad was cremated and they put him in with my granda and granny, ive been told his funeral would of cost £4000 at most and this is exagrated, and £600 at most on solicitor fees for my aunt filing for probate. This would leave £13,100 ...my aunt does not know i have a copy of the will or grant.


So considering the £2000, im assuming she plans on dividing £6000, but im left wondering where is this other £7000 going?


By the way the cheque to my sister was sent from her own name.


Maybe im wrong, I don't want to go to a solicitor as of yet

niallmitch

The medals also form part of the estate and unless left to her in the will can't just be kept because she wants them

RAS

Tradzor wrote: »

What do you mean by estate is executed?


I also got a copy of the grant today, which is close to £17700.


My dad wouldn't of had debts, my little sister recieving the cheque for £2000 means theyre also planning on giving me and my brother this amount so £6000 altogether to be divided between us 3.


Even though ive recieved no cheque and heard excuses, theyve been very blunt with me, the executor my aunt i haven't spoke to her since the funerul and seems she doesnt want me to be able to communicate with her.


Im in northern ireland, my dad was cremated and they put him in with my granda and granny, ive been told his funeral would of cost £4000 at most and this is exagrated, and £600 at most on solicitor fees for my aunt filing for probate. This would leave £13,100 ...my aunt does not know i have a copy of the will or grant.


So considering the £2000, im assuming she plans on dividing £6000, but im left wondering where is this other £7000 going?


By the way the cheque to my sister was sent from her own name.


Maybe im wrong, I don't want to go to a solicitor as of yet

Thanks.

In order to get the grant the executor has to "execute" the estate.

Plainly she has done that. She then has to settle up any debts; this could include a month's rent and utility bills etc as well as the funeral costs and costs of executing the estate (postage not time).

Does the grant list any other beneificaries other than the three siblings?

Once any specific wishes are met (2/6 to my old mate), everything else (the residuary) would be split three ways.

The executor must comply with the will by law. Unless the will specificaly said aunt could keep the medals, she must distribute them as well. She cannot hold onto stuff just because she wants.

How well do you get along with your brother, sister and mother?

Tradzor

Hi again,


The will only states me and my brother and sister are to get everything, thats it. held in trust until by the trustee (the executor) once we reach 18, as the wil lwas made in 1996.


I get on great with my mother, brother and sister...


I managed to get her number from my mum, my mum went threw a long process to get that, so i called her to see about the cheque i was meant to recieve weeks ago, she said she sent it today recorded this time, i then mentioned the will to see what she would say, she was like ' what do you mean ', what was paid was paid then the rest was diivided between the 3 of you.


So im expecting this cheque to also be the sum of £2000, if i put this in the bank does this prevent me from pursuing this further?


My dad wouldnt of had debt, he had MS, and on a great pension form the armed forces..


I can't see £11000 being spent on funeral costs and what not, my dad was on housing executive also, not a home owner.


How much would it cost to execute an estate?

NordicNoir

Normally, the net estate shown on the probate paperwork is the amount after any debts and funeral costs have been deducted.

So, based in your other posts, you should receive one third of £17,700 (less any costs incurred in administering the estate). Your Aunt should also provide you with accounts showing how your share has been calculated.

Tradzor

Hey.. yes the gross amount is £21200, and net, £17,700 i thought that was because of tax.


My other aunt just told me, not to be contacting her again and more or less had a go at me..


Are you 100% sure that the net amount is after expenses.. if so they are stealing alot of money from my dads will.. my nerves are wrecked.

Tradzor

Just checked it out, your right.. this is nuts.. can i go to the police about this? should i even put the £2000 she is sending me into the bank?

Crabapple

The police will almost certainly say this is a civil matter and not get involved.

As a beneficiary of a share of the Estate you are entitled to see a breakdown of how that share has been calculated - ie. what money there was, what needed to be paid from it, and then what the shares for you and your siblings were.

I'd write and point that out to your Aunt and see what happens first, because that's the cheapest option. She might suddenly come up with the rest of the money or an explanation of where it has gone.

A round £2k for a one third share of an estate is an awfully convenient number to be honest, shares are almost always very random amounts.

I'd bank the cheque but mention in your letter to her that you acknowledge safe receipt of the £2k but that until you see calculations you cannot agree that this is the whole of your share of the Estate but you accept it as an interim distribution pending further information.

I would say that in your position you are making these enquiries on behalf of yourself and your siblings who she will be aware are less able to do it for themselves.

Tradzor

Hey thanks for the response, the cheque she sent my sister was in a sort of celebration card with a note saying from your dad spend it on what ever you like, n that was it , my mum already opened an account for her and lodged the cheque... after my phone call to her today i mentioned the will she said what do you mean, everything that needed paid was paid and divided between the 3 of you, after this call she had her sister message me telling me not to bother her again and was really cocky and nasty with me, she was never like this before with me.


So i need to send her a letter stating i cant agree this is whole of my share? she probably wouldn't even acknowledge it