Legal fees - Do I have to pay everyones?

peter999

Tell them you are the Executor/Administrator of the Estate & they must provide immediately details of all possessions they have taken & an explanation, if you wish to pursue this, get them to behave or not cause trouble.

All other matters will be dealt with in due course.

Rules of Intestacy
http://www.cch-solicitors.com/wills/intest.htm

Rules of Intestacy: single people
http://www.bbtco.barclays.co.uk/wills/07_2single.html

Just drop a hint in passing that things could get difficult for them if they cause trouble or don't cooperate.

peter999

Ziggy_Cat

Thank you so much for all your help guys, My mum died suddenly so the step family had no need to look after her. There is no house but considerable funds in my mums numerous bank accounts. She had no bills to speak of as she paid everything straight away. I think I have to say goodbye to the personal things my mum had that are dear to me, i.e. a ring my gran left her and a few small pieces of jewellry. It looks as those these have already been given away and as tracing these I would imagine would be timely and costly. Again guys thanks for all your help. You have been stars! ZC

Mojisola

Ziggy_Cat wrote: »

My mum died suddenly so the step family had no need to look after her. There is no house but considerable funds in my mums numerous bank accounts. She had no bills to speak of as she paid everything straight away. I think I have to say goodbye to the personal things my mum had that are dear to me, i.e. a ring my gran left her and a few small pieces of jewellry. It looks as those these have already been given away and as tracing these I would imagine would be timely and costly.ZC

In that case, your Mum's step-children are a pair of unmentionables - they've added to your grief at a sudden death by stealing items of great sentimental value to you.

Many people seem to lose contact with their morals when there's a death in the family - it's like the looting that happens after a disaster, grab anything you can before someone else gets it. It wouldn't cost anything to write formally to them as peter999 suggests, but it depends on what you feel you can cope with a this sad time.

hardpressed

If they've taken things that they weren't entitled to it's still theft, however you look at it. If you've got to get probate then you will need to list all her assets, and that should include all the things they've helped themselves to. I hope they haven't got their sticky paws on any of her bank books.

Biggles

Ziggy, while you're waiting for probate (and in view of the stepkids' actions to date), have you notified her bank(s) of her death, with copy of death certificate, and told them you are the sole beneficiary and are applying for probate?

They will freeze the accounts and that will prevent aforementioned SKs from getting their hands on anything else of yours.

EssexHebridean

Firstly, sorry to hear of your loss, and sorry also to hear that such unscrupulous characters are using the situation to take advantage of you. It really does tell you everything you need to know about such people, doesn't it.

My husband is a litigation lawyer at a London firm of Solicitors and has the following to say:

First thing - you're doing the right thing with obtaining letters of administration of the estate. As the Administrator, you are entitled to an account of all possessions and money of your Mum - held by anyone. If they refuse to give this voluntarily, you are entitled to apply to the court for an order that they provide this account. Provided you have given them the opportunity to do so first, it is highly unlikely that a court will do anything but order them to pay your costs of making the application.

Secondly, you may well be correct in that you may never see the personal possessions again. Once they have been sold, it is unlikely that you will be able to retrieve them from the person who has bought them. You are nonetheless entitled (as the Administrator of the estate) to the proceeds of any sale. Once again if this is not forthcoming then you can make an application to the court and in all probability the Step-children will bear the cost.

If the step-children continue to be unco-operative and to issue threats about legal costs, you might wish to draw to their attention that in entering the property and removing goods which did not belong to them they committed theft, and it is of course up to you whether you wish to take the matter to the Police.

As to the possibility that they might have a claim on the estate, this cannot be ruled out, however the correct procedure for them to take is to present their claim to the Administrator after the assets have been called in. They are certainly not entitled to seize goods from the property even if they are entitled to a payment from the estate.


Hope that helps - very best of luck for getting the situation sorted out as smoothly as possible from here on in.

Ziggy_Cat

Hi Guys,

Im so sorry I havent replied to you all sooner but lots of things going on at the moment regarding my mum that I havent had a chance to even check my mails recently.

Guys you have all been fantastic and your advise just makes me feel like Im not alone. Thank you all so so so so so so much! Im sure it will soon be over and I can start to grieve properly, thanks to your help ZC xx

bottleredhead

When my dads step dad died he was told as a step child he wasnt entitled to anything, even tho a lot of my Dads mums stuff was still in the house.

Step children have no right of inheritance, sadly for my dad a lot of his childhood memories (old biscuit tin and stuff like that) got cleared out and he wasnt allowed anything.