Intestacy - inventory and account
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Apollo_Mission wrote: »I would rather take a gamble and get the administrator to present the inventory and account.
The administrator has failed to respond to any letters.
There is no property involved, it should be straight forward in administering the estate.
So what are the forms called?
The Administration of Estates Act 1925 provides that a personal representative is not bound to distribute the estate before the expiration of one year from the death. You were estranged from your mother, but could it be the other sibling is currently grieving for a loved one and finding it difficult to deal with someone whose only interest (so far as they can see) is getting their hands on the whatever loot they can as soon as possible? Have you actually expressed any sort of sympathy for their loss/offered practical support and help? Might work, might not.
If you wish to pursue a request for inventory and account, then you do so by means of a summons and supporting affidavit.0 -
No, the sympathy thing hasn!!!8217;t worked. Hard for me as well, but I don!!!8217;t need to divulge on here, I just want to know the forms I need.
Is a summons a general form, or does the one I need have a reference number?
Many thanks0 -
Sorry to say that you are being naive about the whole process. There is no simple form to fill in. Before you do that certin steps need to be takenThe next thing to do is write a formal letter before action setiing out in unemotional factual terms wheat you want done and give your brother 14 days to reply.I f that fails then you absolutely must consult a solicitor as to how to proceed. The most common thing is to try mediation. Court action really is the last resort.Apollo_Mission wrote: »No, the sympathy thing hasn!!!8217;t worked. Hard for me as well, but I don!!!8217;t need to divulge on here, I just want to know the forms I need.
Is a summons a general form, or does the one I need have a reference number?
Many thanks0 -
Apollo_Mission wrote: »Hi, I am new to this forum, but I am so in need of some advice.'So in need...' Why the drama? There's no evidence at all that your half-sibling has done anything wrong
My estranged mother died intestate. Her partner died several years back, so any monies, etc should be divided between the 2 children (me being her eldest and from first marriage) The second child (from last marriage) has taken on the role as the administrator.It was always open to you to apply to be the administrator, or you could have applied jointly
I have written to the administrator twice and my solicitor has written to the administrator as well. All letters have been ignored.Three letters including a formal one from a solicitor, all within 6 months of the death? Sounds like your half-sibling has gone to ground in protest at such a heavy-handed approach I obtained the grant of administration from the probate office, but now I am looking to go through the courts myself to obtain / request the inventory and account.What on earth for? If you've heard nothing by the end of the year, that might be the time to consider what action to take, but for now just try a bit of patience
You asked for advice - please see comments in red above.0 -
Apollo_Mission wrote: »I would rather take a gamble and get the administrator to present the inventory and account.
The administrator has failed to respond to any letters.
There is no property involved, it should be straight forward in administering the estate.
So what are the forms called?
Not sure what you mean by 'taking a gamble' - do you know? You seem to be pretty blinkered - what makes you think your sledgehammer to crack a nut is a good idea, especially if the nut remains intact...?
Your happy assertion that 'it should be pretty straightforward' betrays the fact you have never had to wind up an estate. Whoever is responsible for doing so is personally liable for any mistakes (e.g. not settling outstanding debts which aren't immediately obvious and could come to light some months after the death). Anyone with any sense isn't going to be hurried by someone who is impatient to get their share of the spoils and has little idea of the tedious and often protracted processes which can be involved on the (apparently) simplest of estates.
Why the urgency?0 -
Good grief, you have to laugh.
I will not be drawn into how and why I am pursuing the administrator on a forum, all I wanted were the correct forms.0 -
You can go to court if you like but expect the court to throw the application out on the grounds of "reasonableness".
You will make a bad situation worse.Never pay on an estimated bill0 -
How many times do you have to be told there are no forms, other than statement of clam. You have to make your own case in writing in a staement attached. To do that you need some understanding of how to draft it. From what you have said you will fail. unless you get a professional to help. Either get that help or give up as you will get no relevent help from here. Sorry to be blunt!!!!!Apollo_Mission wrote: »Good grief, you have to laugh.
I will not be drawn into how and why I am pursuing the administrator on a forum, all I wanted were the correct forms.0 -
Apollo_Mission wrote: »Hi, I am new to this forum, but I am so in need of some advice.
My estranged mother died intestate. Her partner died several years back, so any monies, etc should be divided between the 2 children (me being her eldest and from first marriage) The second child (from last marriage) has taken on the role as the administrator.
I have written to the administrator twice and my solicitor has written to the administrator as well. All letters have been ignored. I obtained the grant of administration from the probate office, but now I am looking to go through the courts myself to obtain / request the inventory and account.
I have looked online for the form and costs and have found nothing.
Has anyone done this themselves? and what forms do you fill in?
Many thanks in advance.
Apollo.
Use your solicitor.
Why did you not become joint admin you had equal standing?
If you suspected this might go bad then you should have put in a caveat to ensure you would be included in the administration.
DO you have any evidence to back up the need to be given the I&A.
How will you know it is accurate?0 -
Apollo_Mission wrote: »Death end of January this year.
Grant - end of March this year.
I just need to find the correct paperwork to file with the probate court, the costs etc.
Spoke to one probate court and they said I should speak to a solicitor.
So instead of that extremely sound advice, you've chosen to keep repeating "what is the form called & how much" on a forum. How many times & people have to tell you there isn't a specifically named 'form' for the process you need. As for the cost, who knows.
From the direction this thread has taken, I'm afraid it's a forgone conclusion that you lack the competency/knowledge to deal with this correctly. So take the advice the probate office & knowledgeable people on here have already given...……..
SEE A SOLICITOR.
The view of those who have undertaken the probate or letters of administration process is that you are being somewhat impatient. Yes, there is no property to sell, & yes, some of us have completed the whole process WITH property to sell within the timescale you've given. BUT my first time with LoA & no property did take several months longer because DWP held up the distribution of funds by querying benefit entitlement - it took time to obtain the paperwork they required sight of.
Why on earth do you think you are entitled to demand sight of the inventory & accounts?Seen it all, done it all, can't remember most of it.0
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