Executor and Beneficiary
Watch this postHi... Got a bit of a problem re my late brother's estate, there are 2 executors my younger brother and myself, over the months since my brother passed away l have repeatedly asked to be updated on the bank details re his estate and the replies l get in emails from him are to accuse me of harassment and if l persist he will report me to the police.
Today l received from him in the post copy of the application for him to take complete control ie. he's filled for probate in his name only, my question is can he do this bear in mind we are both executors of the estate and l have not been consulted on the subject, I might add that it was I that registered his death with the authorities and I hold all the death certificates and was named as next of kin now am I correct that a death cert is required to start probate, can anyone help me with the correct procedure?
Many thanks, John
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My oldest Son was Executor and the main Beneficiary so was a difficult time for my Sister and myself as we were excluded from the Will and were granted the left overs...!
You do need the Death Certificates for sure. Your both executors so you're both in charge of proceedings which would be conveyed to you both by the Solicitor involved.
You do need professional assistance though as it can get very unpleasant and if you can't speak honestly to each other then there could be sparks flying I would think.
Wish I had more knowledge but I do not.
Being in a different Country than my family made it difficult ...
Thank you for your comments,most helpful.
John
If you hold all the certified death certificates, there are scads of things your brother should not be able to do eg dealing with banks, pensions and HMRC. Even simpler things like gas & electricity need photocopies of the death certificate.
I totally agree you need professional help, but do check what solicitors are likely to charge - some will charge by the hour of work, and some a % of the estate, and with a comparatively large estate, which wasn't that complicated, but with certain complications I was not happy to deal with myself, so that suited us better. Though in your case there sounds like a chahce of a row, so any solicitor may hedge and want payment by the hour anyway.
My sister recommended our solicitor yes - do ask friends for solicitor recommmendations.
Good luck
I don't like stressing this... but I've been in the estate business for 24 years; and believe me, this is a major problem with executors – they are nearly all inexperienced in estate matters. And this has hindered the way the estate process has been handled for so many, many decades in England, in Canada, in the United States.
I'd like to suggest avoiding a lot of these problems before they even begin festering! The executor has become so important, along with the attorney of record – for settling estates – so it's critical to get the executor a software guidance system, and now they finally have a few online options to look to.
In the USA and Canada, there are just a few estate executor guidance software system, but only one that I thought was perfect when I had to research this subject – a firm called EstateExec™ – the only genuinely digital estate support software I was able to find, with a Free Trial, – focuses exclusively on guidance and help for inexperienced executors; plus attorneys new to estate law; is Rated 4.9 Stars on “Trust Pilot Reviews”, and won the 2022 Worldwide Finance Award "for cloud-based software."
As our friend John here found out the hard way, they all face a complex road ahead of them, in terms of setting an estate; often with real property to sell and complicated assets and issues requiring resolution, while taking great care to avoid missteps or missed deadlines. With so much at stake, I have been saying for years that executors need a 2-week workshop, or some sort of online estate guidance system that makes the estate process much simpler, and a lot easier to implement.
Most importantly though, bottom line, that sort of system has to remain popular with estate law firms, and with executors, who need this kind of help the most.
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I would seek immediate legal help. I would start by calling a Will/Trust Litigation Attorney and ask if they give an initial phone consultation. If you are also the Executor of the Estate, you have the right to know financials as well as anything regarding heirs. Also, look at the statutes in your state, under Wills/Trust, and find out what the Law says regarding your situation. But, If your brother is a Trustee and you are Co/Trustee, your brother makes the calls but it does not give him the right to call the Police if you haven't violated anything regarding the Will. There are many rules regarding Will/ Trust in an Estate and it's best that you seek Legal advice so that you know what your rights are and the legalities involved.
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If you already know your way around, then we will leave you to it.
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https://www.citizensadvice.org.uk/family/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/
However the form that you have received may very well be an application to enable him to apply for a Grant of Probate in his name only with power reserved for you to apply at a later date. Do not sign this form as you will be consenting to your brother having absolute control of the process.
If you don't understand the forms you have received take them to a Solicitor and ask him to explain them to you.
There is a mechanism which is known as a Caveat which puts the Probate Registry on Notice that you object to Probate being granted to your brother . It shouldn't be necessary to use this mechanism because your brother won't be allowed to apply for a Grant of Probate without you being a joint executor unless you sign away your 'rights' as mentioned above.
I hope this helps..