Help with estate

Mistaken

Mum died recently and my brother and I are named as executors of the will.


My mum had a partner who lived with her but never married.


In mums will it states that money from account A is to be divided between my brother and I


But my mums partner has recently informed me that the money has been moved from account A (because it was not earning enough interest) and moved to account B which is now a joint account (mum and partner). This was done a few months before mum died.


I believe I will need to apply for a grant of probate because mums house was part of the estate.


Please could anyone advise what will happen to the money as described above? I have read on the internet that any money in a joint account would now become mums partners sole ownership and would not form part of her estate?

TonyMMM

Mistaken wrote: »

I have read on the internet that any money in a joint account would now become mums partners sole ownership and would not form part of her estate?

That is generally correct, although it could be challenged.

What is the partner's attitude/position about the money ?

Mistaken

Everyone gets on well luckily. And if the money goes to mums partner that is fine because I know it will be divided as per mums wishes.


I just need to know the correct way to do this. Can mums partner just go to the bank with a death certificate and get the account in his sole name? Do I need to go with the will as an executor? And can all this be done before probate is granted?


Also after this is done can this money be left out from the estate completely?

TonyMMM

The bank will almost certainly change the account to his sole name on production of the death certificate. The money is not part of your mum's estate as things stand, so the will/probate are irrelevant.

G6JNS

Mistaken wrote: »

Everyone gets on well luckily. And if the money goes to mums partner that is fine because I know it will be divided as per mums wishes.


I just need to know the correct way to do this. Can mums partner just go to the bank with a death certificate and get the account in his sole name? Do I need to go with the will as an executor? And can all this be done before probate is granted?


Also after this is done can this money be left out from the estate completely?

The money does not form part of the estate. The partner can use it as he wishes.

Mistaken

Okay I may of been wrong about this person. I was told by mums partner that the money is now legally his.


I was told that the account named in the will is now closed and no money is due to me.


It was mums wishes and written into her will that this money be divided between my brother and I.


Do I have any possibilities of getting this money back? This is my total inheritance and I will be left with nothing. I am named as one of the executors and have all bills to pay

pmlindyloo

Mistaken wrote: »

Okay I may of been wrong about this person. I was told by mums partner that the money is now legally his.


I was told that the account named in the will is now closed and no money is due to me.


It was mums wishes and written into her will that this money be divided between my brother and I.


Do I have any possibilities of getting this money back? This is my total inheritance and I will be left with nothing. I am named as one of the executors and have all bills to pay

Is the house going to be sold?

missbiggles1

Mistaken wrote: »

Okay I may of been wrong about this person. I was told by mums partner that the money is now legally his.


I was told that the account named in the will is now closed and no money is due to me.


It was mums wishes and written into her will that this money be divided between my brother and I.


Do I have any possibilities of getting this money back? This is my total inheritance and I will be left with nothing. I am named as one of the executors and have all bills to pay

You can't get the money "back" because you never had it. Surely your half of the house is your inheritance?

Mistaken

I don't get half the house. The house is for mums partner to live in. after that will be sold and divided between 8 people

Somerset

Mistaken wrote: »

I was told that the account named in the will is now closed and no money is due to me.


It was mums wishes and written into her will that this money be divided between my brother and I.

That bequest has failed. The money in Account A (that was to go to you & brother) did not exist at your mothers passing. It's the danger with 'specifics' ie that account, that house etc that people don't update their will to reflect these changes.

Mistaken

okay thank you for the replies. I did suspect this. And it has been planned by him I suspect