Does anyone know how the probate system works?
Does the probate office have any rules after probate is granted to an individual or is that the end of their involvement?
My Mum died nearly two years ago; DH and I having been her 'carers' for many years - visiting, shopping, holidays, social arrangements etc. Mum always said DH was more of a 'son' to her than her two sons.
My brothers live approx 300 miles away and rarely visited or even phoned or communicated by letter.
In her will Mum made the 3 of us joint executors. I feel in her naivety she thought it would make us get along with each other as there had been problems between us. Sadly it had the opposite effect.
Mum had left full instructions for her funeral etc so they couldn't argue with that. I had had power of attorney for the last 6 months of her life as Mum had decided to go into residential care a year earlier and didn't want to deal with her finances etc and was getting very very muddled. I kept full accounts of every penny of Mum's money that was spent - down to the last ice-cream and always kept her money separate to mine.
The boys disputed the POA but were told by Mum's solicitor and GP that it was in order.
The boys objected (by email of course not by actually offering to help!) to virtually everything I did. They even objected to a 'nails at home' lady giving Mum a manicure and hand massage once a month at the princely sum of £16 out of HER money. They made my life hell when Mum was alive and moreso after she died.
To cut a long story short it soon became obvious that there was no way the sale of her flat and sorting of her affairs could ever be done jointly. I was on the spot and could have dealt with everything fairly and quickly as I already had a good working relationship with Mum's solicitor, estate agent etc but the boys wouldn't agree to let me get on with it.
Finally I consulted a solicitor in my own right and had to give in and agree to my younger brother applying for probate as between them they had ground me down into a wreck with the bickering and arguing. My solicitor did say however that my brother would HAVE to supply a complete copy of the accounts of everything in and out to both my other brother and myself when everything was sorted.
Nearly two years on he has still not completed the task. Apart from her very run down flat Mum basically had what she stood up in - no off-shore bank accounts etc! It could and should have been dealt with ages ago.
He has sent us all two 'increments' a largish one when the flat-sale went through followed by a smaller one. He kept back approx £1,000 (?) whilst tying up the loose ends. Incidentally, both of these payments were paid by cheque from his personal bank account.
I feel awful fighting now for a third of what is left - probably just a few hundred pounds each - I don't know. It is the principal and I know Mum would have wanted everything dealt with fairly and legally without any of this nastiness. My brother, when convincing me I couldn't do it, always stressed to me that it was a intricate legal matter and had to be done legally and officially - yet he seems to have forgotten that now he is dealing.
Last Christmas he moved to Spain refusing our offer to complete what was left for him. He has now said he can't finalise things as all the paperwork is still in storage until they find their permanent home!
Is there a time limit in which he should have completed the job?
Do I have any rights to make him deal with it?
Should I go back to my solicitor which I feel I may have to?
Sbagran Tue 27-Sep-11 18:27:06
Jacey Tue 27-Sep-11 20:46:24
Sbagran Tue 27-Sep-11 21:16:21
glammanana Tue 27-Sep-11 23:20:48
susiecb Wed 28-Sep-11 09:27:56
Sbagran Wed 28-Sep-11 21:31:04
HarleyNan Mon 13-Feb-12 21:57:12
Carol Mon 13-Feb-12 22:08:39
Annobel Mon 13-Feb-12 22:39:16
HarleyNan Tue 14-Feb-12 08:29:40
shysal Tue 14-Feb-12 08:35:31
Annobel Tue 14-Feb-12 08:38:25
JessM Tue 14-Feb-12 08:49:29
Greatnan Tue 14-Feb-12 09:30:02
FlicketyB Tue 14-Feb-12 16:58:44