Administrator having sibling trouble

Flugelhorn

Bazza_a said:

Hi KP, not quite, if they're talking about lawyers I'll have to budget for protecting my brothers estate,it just makes it harder,, 

no - if they get lawyers, they pay for them. you don't have to do anything - if they try anything "legal" they won't get anywhere

Flugelhorn

Bazza_a said:

I've nothing to do with her, haven't spoken to her for about 40 years, I think they were after his pension, but it would have only gone to spouse or dependent children, they're just trying to grab as much as they can and getting involved in stuff which is none of their business

certainly sounds like it - is there some info from the pension scheme eg a statement of deaths benefits that is available online or from the administrator - if it is clear in there that it is spouse / children only ie a fairly standard DB pension then just send them that.

Can be difficult if they send messages, and though tempting not to reply may make them think you are hiding something - they just need nice firm message that everything is under control under English Law 

RAS

Please can you change your thread title?

You are not the executor so people are making incorrect assumptions.

As administrator, you have similar powers but were not appointed by your brother. That impacts on family dynamics.

Also you haven't indicated your brother's age, whether he was in receipt of the pension or in employment? Some DB pensions pay out if the recipient gets less than 10 years benefit. Most pay death in service if still employed. 

On the other hand an American probably wouldn't understand a DB pension and could be incorrectly advising her mum.

Bazza_a

just to confirm,
there was no will, only me and my sister are beneficiaries, he had no spouse or dependents, I'm the executor of my brothers estate, my sister seemed to think that my brother had left her his pension, obviously i notified the pension company (ukpn) immediately. they informed me the pension would only go to a surviving spouse or dependent children (he had neither) i informed my sister of this, but a you can see in original post she's after anything she can get, which doesn't actually surprise me, also with her daughter getting involved who lives in USA with her talk of lawyers its just beginning to annoy me a tad, (as she doesn't know what she's talking about, tbere was never a mercedes, although there was a car.) I am chasing down all debts and paying as obliged to
thanks just to give a clearer picture

Bazza_a

Hi Ras
i am the administrator of my brother's estate, my brother was 69 when he died, the pension would ony pas as below
 "I can confirm that there are no further benefits payable. Under the rules of the scheme, if Kevin had been married or in a civil partnership at the time of his death there would have been a spouse's pension payable, or if he had passed away within 5years of first drawing there would have been a lump sum payable for the balance of 5 years pension instalments,but as neither applies the pension ceases"

lohr500

Just to wind the clock back a little. 

If there was no will, wouldn't this mean your brother died intestate?
So as others have already mentioned, with my limited understanding you cannot be an executor, as executors are named in a will.  

This being the case, presumably you applied for a Grant of Letters of Administration using form PA1A..

If so, did you have any discussion with your sister as to if she wanted to be included as an administrator on the PA1A form BEFORE you went ahead and obtained the grant? 

If you did have that discussion and agreed you would be the sole administrator before applying for the grant, then I think you have the moral high ground and should ask her to back off allowing you to sort out all the affairs and then provide the detail.

If you didn't have the discussion with her BEFORE applying for the Letters of Administration, then I can see why she may well be unhappy. 

Linton

Just catching up at a rather late date.....

I am not sure why you are getting involved with the pension.  As I understand it the pension is not part of the deceased's estate and so you as estate administrator have no special authority over it or responsibility for its distribution.  Who receives the pension is entirely up to the pension trustees who are bound by the rules of the scheme.  Perhaps you should just give your sister the contact details of the pension scheme administrators and let them handle it. There is no need for you to be in the loop at all.

RAS

Agreed and based on the additional information just given, I'd send your sister an email or letter, with the contact details. 

And perhaps a brief note that Direct Benefit pensions here don't work like 401k pensions in the States.

Had your brother died 5 years ago, your sister might have got something, if he'd named her on his nomination form. But that time has passed.

Edit: Think I start by telling her that as administrator, you had a duty to inform the pension scheme of brother's death in case of overpayments. And a duty to check if there was any lump sum due the estate, not covered by nomination. 

You passed on the results of that conversation as a courtesy. If she wants to confirm, she can contact......, as this is no longer part of the administration.