Inheritance

bhavu

Hi.  I have a mother who is terminally ill.  There are 6 living siblings and 1 deceased sibling who has children.  Now there are 3 brothers and 3 sisters.  1 brother controlling all of mother's finances and health matters.  None of the other siblings are able to ask questions to medical staff of mother's health.  Only what the brother wants to divulge.  To date none of other siblings know the worth of mother's estate.  As far as we know mother has not made a Will.  In light of the nature of the controlling brother who will no doubt place himself as executor and will not be willing to share any of the estate, what can we do to find out what the estate is worth and to make sure that the estate is distributed fairly?

Browntoa

Regardless of anything, he would require probate to administer the estate. 

If he currently has lasting power of attorney that lapses on her death

As part of the probate application he would be required to supply an estimated value for the estate. 

You can challenge an application for him to become executor, you can raise concerns that assets have not been fully disclosed if he is executor. The probate office can request full breakdowns and paper trails for assets 

Marcon

bhavu said:

Hi.  I have a mother who is terminally ill.  There are 6 living siblings and 1 deceased sibling who has children.  Now there are 3 brothers and 3 sisters.  1 brother controlling all of mother's finances and health matters.  None of the other siblings are able to ask questions to medical staff of mother's health.  Only what the brother wants to divulge.  To date none of other siblings know the worth of mother's estate.  As far as we know mother has not made a Will.  In light of the nature of the controlling brother who will no doubt place himself as executor and will not be willing to share any of the estate, what can we do to find out what the estate is worth and to make sure that the estate is distributed fairly?

If there's no will, the 'most entitled' would need to apply for Letters of Administration. That doesn't mean your brother is the only person entitled to do so - any of your mother's children is eligible to apply.

swingaloo

There is nothing to stop any of the children from asking questions of the medical staff. The rest of you need to stand up to this controlling brother.

As for the estate etc, the poor lady has not died yet it seems like you are all circling for your share.

Robin9

As I understand it - that without a will -  unless your father is still alive (in which case he inherits) - the children of your deceased sibling will not inherit from your mum's estate,

Has your mum got mental capacity - then its not too late for her to make a will - a solicitor can come to the hospital.

theoretica

Robin9 said:

As I understand it - that without a will -  unless your father is still alive (in which case he inherits) - the children of your deceased sibling will not inherit from your mum's estate,

Has your mum got mental capacity - then its not too late for her to make a will - a solicitor can come to the hospital.

That is not correct - under intestacy children of a deceased child inherit the share that would have been their parent's. 

Keep_pedalling

If their is no will any of her children can apply for letters of administration although is will be a lot easier for someone who has had been the financial LPA as they will already have knowledge of the finances. 

If she doesn’t own property then it is possible letters of administration will not be require. 

msb1234

https://www.gov.uk/government/publications/apply-for-probate-by-post-if-there-is-not-a-will

This is the form needed to apply for letters of administration. 

Sea_Shell

Does she own her own home?
Does anyone else live with her (this brother)?


TBH, worse case scenario (for you) is if brother is able to empty all her accounts without probate (as some banks allow) and then takes up residency in the house, without actually applying for probate at all.  

You could have an almighty legal battle on your hands, sadly.   

If your brother is already "controlling", it sounds like he's unlikely to want to relinquish any of that power.


For the record, I don't see asking questions like this as "circling for your share", but simply getting to know what could/should happen and therefore being armed with information about processes and potential pitfalls, of which there are many.

Maybe knowing where you stand, enables you other siblings to stand together and know what you may face in the future.    

Good luck.

YoungBlueEyes

I disagree with the "circling for your share" comment too, that's too harsh.

You don't mention your father - is he still living? Without a will it may all go to him.  Without a will one of you will have to apply for Letters of Administration but it isn't automatically the controlling brother's job. 

If you know which hospital (?) your mother is in, there's nothing stopping any of you either visiting or ringing to ask how she is. 

I'd also say you all as siblings should be on the same page, if nothing else then to stand up to the controlling brother. 

bhavu

swingaloo said:

There is nothing to stop any of the children from asking questions of the medical staff. The rest of you need to stand up to this controlling brother.

As for the estate etc, the poor lady has not died yet it seems like you are all circling for your share.

Sea_Shell said:

Does she own her own home?
Does anyone else live with her (this brother)?


TBH, worse case scenario (for you) is if brother is able to empty all her accounts without probate (as some banks allow) and then takes up residency in the house, without actually applying for probate at all.  

You could have an almighty legal battle on your hands, sadly.   

If your brother is already "controlling", it sounds like he's unlikely to want to relinquish any of that power.


For the record, I don't see asking questions like this as "circling for your share", but simply getting to know what could/should happen and therefore being armed with information about processes and potential pitfalls, of which there are many.

Maybe knowing where you stand, enables you other siblings to stand together and know what you may face in the future.    

Good luck.

Thanks Sea Shell, what you say is exactly right.  I want to know what could/should happen and not have to deal with it  whilst grieving the loss of my mother.