Help needed, mums will + executor

Valleyboy44

Hi all,

Wondering if any kind souls could give me some pointers (I know I need to contact the solicitor)

But...

1- mum is sound of mind but physically going downhill, she is starting to ask questions as to what happens, very upsetting but has to be dealt with.

2- dad is sadly nolonger with us, mum has the will secure at the local solicitors (we think)

3- my brother apparently is the sole executor

4 - the will states everything will be split between me and my brother

Questions...

1- what does the executor exactly mean, myself and my brother get on well. Does executor mean he has to deal with all the financials once mum passes away.

2- I will contact the solicitor on mums behalf, she can talk to them but gets nervous. Can they send out letter confirming what's what? Or do you have to go into solicitor? (Obviously a charge will incur)

3- being the executor does this mean when mum passes away my brother has sole control over mums bank accounts and the actual house?

4- is there a need for me to become another executor?

Sorry as it's very confusing, thanks for any help.

Owain_Moneysaver

Valleyboy44 wrote: »

1- what does the executor exactly mean, myself and my brother get on well. Does executor mean he has to deal with all the financials once mum passes away.

2- I will contact the solicitor on mums behalf, she can talk to them but gets nervous. Can they send out letter confirming what's what? Or do you have to go into solicitor? (Obviously a charge will incur)

3- being the executor does this mean when mum passes away my brother has sole control over mums bank accounts and the actual house?

4- is there a need for me to become another executor?

Sorry as it's very confusing, thanks for any help.

1. The executor is responsible for carrying out the Will, but doesn't have to do much of the work himself - he can hand it (or some of it) over to a solicitor or accountant, and the fees will come out of the estate before payment of the bequests. Or if he wishes he can renounce, and you could then apply for administration.

2. Solicitor should be able to provide a copy of the Will they hold at reasonable charge - but to your mother, not you. It would be useful to confirm that the Will they hold is actually your mum's last will.

3. Mum's bank etc must be notified of the death and they will freeze accounts. Bank will pay funeral costs and repayments of pension and benefits due from funds held. Bank will not pay other expenses. Depending on the balance in the account, bank may not require grant of probate before closing funds and paying the balance to the executor.

Executor has sole control over the house and is responsible for securing and insuring it.

4. No.

I don't know how much involvement you or your brother have with your mum's affairs but it can be very useful to make sure that paperwork is reasonably organised and complete. Also if there is a prepaid funeral plan then make sure people know the details.

Robin9

I had a heart to heart with my MIL last Autumn to find out what she wanted in the way of a funeral/cremation - hymns, readings, music, who to do what. Between us we sorted an order of service - had a meeting with the local vicar. She died knowing all was in the place and the family were saved the need to second guess what she would have wanted.

Mojisola

If your Mum wants to check what her will says, she can ask for a copy to be sent to her.

If she's not comfortable using the phone, she could write instead.

Valleyboy44

Thank you for the kind replies, this has clarified things..

One point that has me worried though...

As stated in a reply above..
"It would be useful to confirm that the Will they hold is actually your mum's last will. "

As far as I am aware nothing has been done to the will since dad died.... We've all assumed mum is next in line so to speak then it's all split between two siblongs.?

Mojisola

Valleyboy44 wrote: »

One point that has me worried though...

As stated in a reply above..
"It would be useful to confirm that the Will they hold is actually your mum's last will. "

As far as I am aware nothing has been done to the will since dad died.... We've all assumed mum is next in line so to speak then it's all split between two siblongs.?

Don't assume - get a copy of the will and see what it says.

There may be changes that your Mum wants to make.

It would be worth discussing having the two of you as joint executors or, at least, you named as a reserve executor in case your brother isn't able to take on the role.

xylophone

As far as I am aware nothing has been done to the will since dad died.... We've all assumed mum is next in line so to speak then it's all split between two siblongs.?

You are sure that your mother has made a will?

Or are you indicating that your father held all assets (including the house) and that his will gave your mother an interest in possession with you and your brother as ultimate beneficiaries?

Are you sure that your mother does not already hold a copy of your father's will/any will that she has made?

I strongly suggest that she (with your help), ascertains the position with the solicitor.

https://www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney/what-do-executors-do/

Valleyboy44

The more I think about it I'm nearly sure situation is what you implied...

"Or are you indicating that your father held all assets (including the house) and that his will gave your mother an interest in possession with you and your brother as ultimate beneficiaries?"

Mojisola

Valleyboy44 wrote: »

The more I think about it I'm nearly sure situation is what you implied...

"Or are you indicating that your father held all assets (including the house) and that his will gave your mother an interest in possession with you and your brother as ultimate beneficiaries?"

Who was your father's executor?

Do you remember his estate being dealt with?

Sea_Shell

If you have an uncomplicated family and it's just you and your brother, the rules of intestacy (if they applied in the absence of a will) would leave everything between you anyway.

One of you would need to apply to be the administrator.

Worth looking into, rather than panicking your mum into writing a will (if there isn't already one that meets her wishes).

Just a thought.

TBagpuss

It would be sensible for your mum to review her affairs, make sure that she has an up to date will (it doesn't matter whether the one the solicitors hold is the last one, if she makes a new one that revokes ny earlier will she may have made)

Solicitors will make house calls for this kind of thing if your mum is not able to travel.

Your mum should also consider powers of attorney to allow you and/or your brtoher to deal with finacial and health choices for her if she becomes unable to do so herself.

It is not essential to have more than one executor but it may be a good idea, and can reduce the risk of conflict!

It may be that your dad made a will leaving eveything to your mum (and either saying that if she died first, it was togo to you and your brother, or giving her a life interest and then having it recvert to you nad him on her death) Yor mum may have made a 'mirror will' leaving eveything to him, or to you and your brother if he were to go first, but it would be sensible for her to cheachk and to update the will if necessary.

it's also a good idea to talk with her, there may be things such assmall personal gifts or momento that she wants passing on to friends, even if they are not formally in the will, and she may have preferences about funeral arrangements. Talking about those things can can be very helful as it meansthat when the time comes, you know what she wants and don't have to worry about whether you have made the right choices, I think many people find it very comforting to know that they were able to follow their parent's wishes.