PR for probate goes rogue

The_Walker

My father died last year and around that time I agreed my sibling (lets call him Pete) could be acting personal representative for the probate to simplify proceedings. So far so good. Soon after I agreed to release some money early to pay for family house maintenance Pete required, and I didn't hesitate to do that.

This week Pete told us substantial funds from the estate would finally be released early. Great we thought. Two days later we received a call and Pete told us he decided not to release the funds because he "didn't feel comfortable doing it" and "had concerns over how the money would be spent".

Needless to say this has disturbed my wife and I. And if "concerns over how the money would be spent" sounds puzzling to you, believe me when I say it boggles my mind. I'm not sure how we spend our inheritance share is anything to do with Pete?

I should add context of course. Pete and I are in disagreement over how our elderly parent should be cared for, and there is growing animosity over it since I don't think Pete has her best interests as a priority. But this separate matter is completely unrelated to the probate for our fathers estate. I am explaining a motive for Pete acting in the way he is.

The role of PR was given in good faith that he would act in our best interests. I feel the probate has been weaponised, and wonder just how much chaos Pete could cause us next? There's still a house to be sold tied up in the probate and I'm regretting giving Pete any authority at all.

How worried should I be?

Newly_retired

Were you both named as executors in the will? Did you renounce, or have you reserved powers? If the latter, you can reverse that.
Which of you has LPA for your remaining parent? Or if both, is that jointly and severally?

Keep_pedalling

So what provision did your father make for you mother in his will?

elsien

Did your dad leave a will or has your brother applied for letters of administration?

The_Walker

Were you both named as executors in the will? Did you renounce, or have you reserved powers? If the latter, you can reverse that.
Which of you has LPA for your remaining parent? Or if both, is that jointly and severally?

Yes we were both named as executors in his will. I have reserved powers.

No one has LPA for my mother, she is of sound mind currently. I plan to apply for LPA myself at a later date though.

So what provision did your father make for you mother in his will?

She inherited a house they owned jointly, and now owns it entirely, along with his pension entitlements. He didn't leave any money to her, or another house he solely owned.

Did your dad leave a will or has your brother applied for letters of administration?

He left a will, naming myelf and brother as executors.

Keep_pedalling

I find it odd that your father would leave everything other than the marital home to his children. I also find it odd that you and your sibling disagree how your mother should be cared for when she is still has full mental capacity. You can’t apply for LPA for her she has to apply for it.

When you say a substantial inheritance are we talking over £325k?  

Marcon

The_Walker said:

Were you both named as executors in the will? Did you renounce, or have you reserved powers? If the latter, you can reverse that.
Which of you has LPA for your remaining parent? Or if both, is that jointly and severally?

Yes we were both named as executors in his will. I have reserved powers.

No one has LPA for my mother, she is of sound mind currently. I plan to apply for LPA myself at a later date though.

So what provision did your father make for you mother in his will?

She inherited a house they owned jointly, and now owns it entirely, along with his pension entitlements. He didn't leave any money to her, or another house he solely owned.

Did your dad leave a will or has your brother applied for letters of administration?

He left a will, naming myelf and brother as executors.

Your mother needs to apply for her LPA - you can't do it. Needs to be done while she is still of sound mind and she can decide how she wants to be cared for, based on the finance which will be raised (eventually) from the sale of the house she has been left and the spouse's pension entitlements.

The_Walker said:

My father died last year and around that time I agreed my sibling (lets call him Pete) could be acting personal representative for the probate to simplify proceedings. So far so good. Soon after I agreed to release some money early to pay for family house maintenance Pete required, and I didn't hesitate to do that.

This week Pete told us substantial funds from the estate would finally be released early. Great we thought. Two days later we received a call and Pete told us he decided not to release the funds because he "didn't feel comfortable doing it" and "had concerns over how the money would be spent".

Needless to say this has disturbed my wife and I. And if "concerns over how the money would be spent" sounds puzzling to you, believe me when I say it boggles my mind. I'm not sure how we spend our inheritance share is anything to do with Pete?

I should add context of course. Pete and I are in disagreement over how our elderly parent should be cared for, and there is growing animosity over it since I don't think Pete has her best interests as a priority. But this separate matter is completely unrelated to the probate for our fathers estate. I am explaining a motive for Pete acting in the way he is.

The role of PR was given in good faith that he would act in our best interests. I feel the probate has been weaponised, and wonder just how much chaos Pete could cause us next? There's still a house to be sold tied up in the probate and I'm regretting giving Pete any authority at all.

How worried should I be?

Never mind 'acting in [your] best interests'. He has to act in accordance with the provisions of the will. 

How worried should you be? No idea. As suggested above, now's the time for you to get involved.

elsien

And given the disputes alrready between you and Pete, your mother might be wise to consider having someone else entirely acting as a power of attorney, Perhaps a solicitor.

As for the will, you can unreserve your powers and get full access to what has happened so far.

The_Walker

I find it odd that your father would leave everything other than the marital home to his children. 

He tried to leave the home to us too, but it didn't stand up legally for technical reasons. Obviously his intention was to save the home from being taken away to pay for care costs.

I also find it odd that you and your sibling disagree how your mother should be cared for when she is still has full mental capacity. 

Pete didn't want her going to a nursing home locally to me when we moved her closer to us both from her current distant nursing home, he wanted her to move into the family home where he happens to currently live. I disagreed with this because she requires 24/7 nursing care, not 3 visits a day in a private house along with his own assistance. 

The council have assessed her needs and agree with me, not him. Obviously it's a moot point anyway, given that she wants to go into a nursing home and can make her own decisions.

You can’t apply for LPA for her she has to apply for it.

I am aware of that. I meant I would assist with the process, if she still wanted me to do it.

When you say a substantial inheritance are we talking over £325k?  

No it's only 30K, though to me that is "substantial"

Sea_Shell

"had concerns over how the money would be spent"

This seems a strange excuse for not agreeing to an interim distribution, assuming no other reason that it can't happen.

What you do with your inheritance, once you receive it, is of no concern to anyone else.

Is he assuming you should spend it on (gift it to) Mum?

The_Walker

"had concerns over how the money would be spent"
This seems a strange excuse for not agreeing to an interim distribution, assuming no other reason that it can't happen. What you do with your inheritance, once you receive it, is of no concern to anyone else.

Is he assuming you should spend it on (gift it to) Mum?

Well I agree with you. It's very strange yes. And surely it is our own business what we do with our own money. I really don't know what he thinks we'll do with it. In reality it was earmarked to help pay our mortgage. Our mother doesn't require extra funds and we had no plans to spend it that way anyway.