Can my aunt sell my nannas house without asking my mum

bjwilce

GDB2222 said:

bjwilce said:

greatcrested said:

bjwilce said:

My mum said she never got anything from the probate office. 

I'm not clear that the Probate Office would have written to the executer with power reserved. Does anyone know for sure?

The probate application form itself (linked in my previous post) puts the onus on the executer submitting the application to inform the executer whose power is being reserved that that is what is being submitted.

So mum may have had a letter from aunt which she filed or did not fully understand....

If the aunt genuinely never informed mum, then the application for Probate was fraudulant.

My mum knew my aunt applied for probate but was never told her power was reserved until now. 

I think you are maybe making too big a thing of this, as you’re naturally defensive of your mum. She and her sister have had a lifetime to get along together and they must know each other pretty well. If mum's sister said she was applying for probate then your mum probably understood that her sister meant she was applying in her own name.  There’s no point making a big deal of it.

Bear in mind that if your mum wants to start acting properly as a co-executor, that’s an awful lot of work. She needs to turn up for every meeting with every estate agent, keep all the books completely accurately,  etc. It’s no good letting sister do all the work and then wanting to veto everything sister has arranged at the last minute. 

It’s a mug's game being executor, with loads of work and no thanks, and your mum should be grateful her sister is prepared to take it on.

My mother has been going to the estate agents meetings and clearing the house and she thought it was joint probate not just in my aunt's name. 

GDB2222

Well, they need to sort this out, and mum needs to get the reservation cancelled. Hopefully, the probate office can guide them in how to do that. Otherwise it’s going to need a solicitor, which can be rather costly.

People here have talked about mum's sister making a fraudulent application. Even if true, that’s not the way to handle this. Treat it as a genuine misunderstanding, sort it all out amicably, and the two of them can act as joint executors. Going at this hammer and tongs could eat up much of the estate in legal fees.

Wyndham

I don't mean to be harsh, but your mum may not be telling you the full story.  Do you have proof, or just her word?  Mums don't always tell their children the full story, even when they are grown up - it's all to do with protecting them.

Based on what you've said, your mother is not clear, but she may not be clear to you.  She may be clear in her own head.  Or she may not.  You need to look at documents and facts, and leave emotions out of it - though this, I know, is easier said than done.

Good luck!

bjwilce

GDB2222 said:

Well, they need to sort this out, and mum needs to get the reservation cancelled. Hopefully, the probate office can guide them in how to do that. Otherwise it’s going to need a solicitor, which can be rather costly.

People here have talked about mum's sister making a fraudulent application. Even if true, that’s not the way to handle this. Treat it as a genuine misunderstanding, sort it all out amicably, and the two of them can act as joint executors. Going at this hammer and tongs could eat up much of the estate in legal fees.

Yes we dont want to get into legal battle. But my grandma knew my aunt would try to take over thats why she made them both executors of the will. My aunt is the older sister and thinks she has more rights. 

bjwilce

Wyndham said:

I don't mean to be harsh, but your mum may not be telling you the full story.  Do you have proof, or just her word?  Mums don't always tell their children the full story, even when they are grown up - it's all to do with protecting them.

Based on what you've said, your mother is not clear, but she may not be clear to you.  She may be clear in her own head.  Or she may not.  You need to look at documents and facts, and leave emotions out of it - though this, I know, is easier said than done.

Good luck!

I know my mum wouldnt agree to letting my aunt having full control of the estate. I have a copy of the probate and the will but my mum never agreed or signed anything.

Thrugelmir

bjwilce said:

Wyndham said:

I don't mean to be harsh, but your mum may not be telling you the full story.  Do you have proof, or just her word?  Mums don't always tell their children the full story, even when they are grown up - it's all to do with protecting them.

Based on what you've said, your mother is not clear, but she may not be clear to you.  She may be clear in her own head.  Or she may not.  You need to look at documents and facts, and leave emotions out of it - though this, I know, is easier said than done.

Good luck!

I know my mum wouldnt agree to letting my aunt having full control of the estate. I have a copy of the probate and the will but my mum never agreed or signed anything.

Does your mother know what being an executor involves?  What's your issue with your Aunt performing all the unpaid leg work?   

bjwilce

Thrugelmir said:

bjwilce said:

Wyndham said:

I don't mean to be harsh, but your mum may not be telling you the full story.  Do you have proof, or just her word?  Mums don't always tell their children the full story, even when they are grown up - it's all to do with protecting them.

Based on what you've said, your mother is not clear, but she may not be clear to you.  She may be clear in her own head.  Or she may not.  You need to look at documents and facts, and leave emotions out of it - though this, I know, is easier said than done.

Good luck!

I know my mum wouldnt agree to letting my aunt having full control of the estate. I have a copy of the probate and the will but my mum never agreed or signed anything.

Does your mother know what being an executor involves?  What's your issue with your Aunt performing all the unpaid leg work?   

Hi my mum has been of doing alot of executor leg work clearing the house and putting the house on the market. My mum and my sister cared for my grandma at her home until she died of cancer around the clock. When my aunt and her daughter wanted to put her in a home.

bouicca21

So there is lots of simmering resentment.  Don’t add to it by provoking a further breach. 

bjwilce

bouicca21 said:

So there is lots of simmering resentment.  Don’t add to it by provoking a further breach. 

How can we trust her to past on the right amount of money on to my mum

macman

Because the accounts need to be submitted to the executors for their inspection.
You can't have this both ways. You both either accept what your aunt has done, or your mum has to report the fraud to the Probate Office and police.