Beneficiary of parents' estate

elm123

My father passed away in November and mother eight years ago. My father left 90% of the estate to his girlfriend and 10% to me. She will not let me have any of the property in my parents' house and the property is still not on the market. They say they have had 2 valuations. There is £20,000.00 in my father's bank account but they are refusing to pay with out with this, can they do this? I am also an executor of the Will alongside her. How can i move things along with they are not budging. Thanks.

RAS

Who is they?

And if you are an executor of the will, what actions have you taken to arrange probate? Regardless of the 90/10 split in assets, you are equally liable for sorting out the estate.

74jax

elm123 said:

My father passed away in November and mother eight years ago. My father left 90% of the estate to his girlfriend and 10% to me. She will not let me have any of the property in my parents' house and the property is still not on the market. They say they have had 2 valuations. There is £20,000.00 in my father's bank account but they are refusing to pay with out with this, can they do this? I am also an executor of the Will alongside her. How can i move things along with they are not budging. Thanks.

So to confirm yourself and the girlfriend are both executors?

What have you done so far to cost the estate? Do you know what 10% amounts too?  What figures were put on the probate forms you signed? 

Why is the girlfriend selling the house? Is this so she has 10%? If so, why are you not doing this as executor too?

The 20k in the bank is now part of the estate funds, if you were to take that as part of your 10%,is there 20k the girlfriend can take at this time too to equal you both getting some money before it's all finalised?

As executor you can't just take your 10%and walk away, you need to finalise the estate.

Did the will leave items to you from the house? 

sheramber

As a joint executor you should be party to any valuation of the house.

Marcon

74jax said:

elm123 said:

My father passed away in November and mother eight years ago. My father left 90% of the estate to his girlfriend and 10% to me. She will not let me have any of the property in my parents' house and the property is still not on the market. They say they have had 2 valuations. There is £20,000.00 in my father's bank account but they are refusing to pay with out with this, can they do this? I am also an executor of the Will alongside her. How can i move things along with they are not budging. Thanks.

So to confirm yourself and the girlfriend are both executors?

What have you done so far to cost the estate? Do you know what 10% amounts too?  What figures were put on the probate forms you signed? 

Why is the girlfriend selling the house? Is this so she has 10%? If so, why are you not doing this as executor too?

The 20k in the bank is now part of the estate funds, if you were to take that as part of your 10%,is there 20k the girlfriend can take at this time too to equal you both getting some money before it's all finalised?

As executor you can't just take your 10%and walk away, you need to finalise the estate.

Did the will leave items to you from the house? 

No evidence probate has been applied for, let alone granted, so dishing out any funds at this stage seems inadvisable.

As for moving things along...I fear OP needs to have a chat with their own solicitor.

74jax

Marcon said:

74jax said:

elm123 said:

My father passed away in November and mother eight years ago. My father left 90% of the estate to his girlfriend and 10% to me. She will not let me have any of the property in my parents' house and the property is still not on the market. They say they have had 2 valuations. There is £20,000.00 in my father's bank account but they are refusing to pay with out with this, can they do this? I am also an executor of the Will alongside her. How can i move things along with they are not budging. Thanks.

So to confirm yourself and the girlfriend are both executors?

What have you done so far to cost the estate? Do you know what 10% amounts too?  What figures were put on the probate forms you signed? 

Why is the girlfriend selling the house? Is this so she has 10%? If so, why are you not doing this as executor too?

The 20k in the bank is now part of the estate funds, if you were to take that as part of your 10%,is there 20k the girlfriend can take at this time too to equal you both getting some money before it's all finalised?

As executor you can't just take your 10%and walk away, you need to finalise the estate.

Did the will leave items to you from the house? 

No evidence probate has been applied for, let alone granted, so dishing out any funds at this stage seems inadvisable.

As for moving things along...I fear OP needs to have a chat with their own solicitor.

True, but I was going off the fact the op is expecting the house to go on the market which indicates to me the op has final figures of estate and it needs to be sold.

But then I'm confused by them asking to take the 20k in cash - does this cover their 10%? in which case why are they expecting the house to do be sold....

And then they ask for items from the house as though they have been left more than 10% and personal affects too.

Bit confusing really. 

xylophone

They say they have had 2 valuations. There is £20,000.00 in my father's bank account but they are refusing to pay with out with this, can they do this? I am also an executor of the Will alongside her. 

They?

You and she are  the only named executors?

It is up to you both to seek probate.

If your fellow executor is refusing to apply for probate, see

https://forums.moneysavingexpert.com/discussion/comment/78431377#Comment_78431377

Robert_McGeddon

As there's a property involved probate will be required to sell it. How was it held when Mum was around - sole/joint/in common? How (if at all) was it addressed in Mum's Will? How does it appear at Land Registry?

If you're named in Dad's Will as an Executor then you can act as such if you choose. Why not take the initiative and prepare the Probate application and send it to the girlfriend for countersignature? Should make her take you seriously. The thing to avoid is ending up as Executor with "Power Reserved" as that's fairly ineffectual. You could also approach the bank(s) and state your role as Executor and ask them to deal with you - if not too late. Ask the girlfriend for an inventory of all chattels/assets.  Do it all in writing.