PAT15 - is it needed

mrogers1973

My step dad passed away and named his daughter and my mother as co-executors, but also named me as a executor should my mum not wish to undertake this role.
My step dad's daughter is being extremely difficult and communications have broken down and because she has been so rude (and my mum is ill) - my mum asked me to take over which I have been doing for the last month.  The daughter now says I need to complete a PAT15 form to speak to her?!  Is this correct when I'm already named.

The estate isn't large.  There is no probate.  She wanted his clothes - we've asked her to collect 3 time and each time she's failed to meet the deadline.  We've divided the estate equally as per the Will and advised her of the incomings and outgoings and provided all bank statements.  I'm just despairing as her rudeness is having a detrimental effect on us all now.  It's an easy estate to split and we just want it finalised.

Also, my mum provided a copy of the Will to the bank and they released my step dads funds to her so that she could pay his outstanding bills, funeral etc and the remaining is what is due to be split. We're not talking a lot here.... She says this was illegal and the money should not have been transferred to my mum without her agreement?  Is this correct?  I would have thought the Bank would have advised?

Any help greatly received.  Thank you

mrogers1973

Sorry - PA15 not PAT15!!

Flugelhorn

mrogers1973 said:

Also, my mum provided a copy of the Will to the bank and they released my step dads funds to her so that she could pay his outstanding bills, funeral etc and the remaining is what is due to be split. We're not talking a lot here.... She says this was illegal and the money should not have been transferred to my mum without her agreement?  Is this correct?  I would have thought the Bank would have advised?

Any help greatly received.  Thank you

This is normal - if the balance is not above a certain (fairly high) level - they release the funds like this to a named exec or "next of kin" - basically whoever is clutching the death cert and they won't go asking anyone else if they are happy about it 

Your step-sister is grieving and perhaps hoped to have more control over this process. As it is, step-dad's widow is really first in line to deal with all this 

PS if you don't need probate then shouldn't think the PA15 is not really needed 

Keep_pedalling

As you mother has already intermeddled with the estate it is too late to renounce so filling in form PA15 is no longer appropriate.

mrogers1973

Thank you both for your comments - very helpful. 

The Will states that if my mum decides (within 3 months) that she can't continue as Executor, then I can take over.  Because I have taken over - she's demanding the PA15.  However, - everything has been sorted - the split of estate and also we've said to take everything. I'm really just the bridge gap in communication and not entirely sure what she's pushing for.

I took over communication with her within the first month as his daughter was upsetting my mum too much.  PS - My mum and her dad weren't married - but they were together 25 years and lived together.

Flugelhorn

So the estate is sorted - has she had her money ? is it just the property she hasn't collected?

You could write a letter for your mum to send asking her to collect the property by a certain date and include whatever paperwork is needed. 

I can see why stepsister might be upset re the bank giving over the money as mum wasn't married to your step dad but as she was named as an exec and had the death cert then it is pretty normal practice. 

I seem to remember getting money from a relative's bank account (no will) we had the death cert and they just wanted a little family tree to show where we fitted in as niece and nephew and that there was no-one else closer (or able) to do the task. 

mrogers1973

No not yet - we have given her all the paperwork and detailed what money will be coming to her - we've advised her that we're just waiting to see if any tax is owed and once we've received confirmation then that's all we're now waiting for and a cheque will be sent.

We've given her 3 dates to collect the clothing- all in writing advising if she doesn't collect the clothes will be given to charity.  She's ignored each request until the collection date just saying she's been unable to collect and that we legally cant give them to charity without her agreement - so a bit of a stalemate.... but we need them out of the house :-/

Flugelhorn

sounds like she is just trying to wield her last bit of control - I doubt she really wants the clothing, just wants you to keep you on your toes. Might get to the point that she won't get the cheque until she collects the clothes ? - appreciate you want the things  out of the house and probably wish this would all be cleared up soon but it might just take a bit longer 

mrogers1973

Thanks - yes I think that's what we're going to have to say.... thank you