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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25951
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My husband died two years ago, his sole surviving parent died

Customer Question

My husband died two years ago, his sole surviving parent died some months later. My husband has two surviving siblings. My husband's parent died either intestate or left a will leaving everything to his children. I was told some time ago by one of your colleagues on this site that I would inherit my husband's share of his parent's estate. I have heard no mention of my share from my husband's family to date. My husband's father's house was recently sold to another family member and they only moved in a few weeks ago. My question is, how long should it take for me to learn of or receive any money from the sale? I do not believe my husband's family would cut me out from any inheritance due, I have a ten year old son who was a loved son and grandchild, they are not the sort of family to discuss such delicate matters involving money. Is the probate procedure a lengthy process even after the sale of the house ( I understand my husband's brother is the member of the family dealing with probate etc), what has to be done legally before the estate is divided?
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

May I clarify with you please - you say your husbands parents died either intestate or left a will. Do you mean one died intestate and the other with a will or do you mean that you are unsure whether they made a will or not?

Customer:

I am unsure. My mother-in-law died first and I am sure they did have a will between them at that time. My father-in-law died some years after her but I do not know if he made a will. I believe he would have left the joint will the same, leaving everything to his children. I suspect the will could not be found after his death because of a comment my sister-in-law made about not being able to find paperwork belonging to her father that her brother asked for to begin dealing with the father's estate. Therefore, I am assuming if no will was found, he died intestate, if they did find a will, everything would have been left equally to the children.

Josh-2010 :

Thanks.

Josh-2010 :

The first step is to establish the position as to whether either of them left a will. You can make a standing search of the probate register. This leaflet explains how to do it - it is very easy. http://www.justice.gov.uk/downloads/courts/probate/pa10.pdf

Josh-2010 :

This is the form you will need:

Josh-2010 :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2749

Josh-2010 :

You will be sent a copy of the grant for each of them a few days later which will reveal whether administration was granted under a will or under intestacy

Josh-2010 :

Once you have established this you will be able to ascertain whether you have an entitlement or not.

Josh-2010 :

The position depends upon whether they left a will and the size of their estate. There are very many permutations and it would be very difficult to explain the many different permutations in this matter. Depending on the above you may or may not be entitled to a share in the estate. Could I suggest that you apply search the probate register for each of them and you revert back to me once you have the results so we can deal with certainty of the facts? Does this sound sensible?

Customer:

Yes it does, but doe that mean I will be charged a futher £33?

Josh-2010 :

No not at all. Just return to this thread and I will be delighted to continue to assist without further charge. If you have any questions about searching the register obviously do come back to before then but it is really just a case of filling in a form with each of our parent in law's details and sending it off to the registry with a small cheque for their fee as detailed in the above information form.

Josh-2010 :

I look forward to hearing from you in the next week or so once you have the result of your search from which we should be able to establish your position.

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today so far. Your feedback is important to me. If there is anything else I can help with please reply back to me. Otherwise I look forward to hearing from you further in due course.

Customer:

Thank you, XXXXX XXXXX fill in the forms and get back to you. Can you tell me if the 28 day rule applies to the house sale as it does other house sale completions, meaning it take 28 days for the vendors to receive any monies?

Josh-2010 :

28 day rule? What rule do you refer to exactly please?

Customer:

I have been told once a seller has exchanged contracts and completed a sale, it takes 28 days for money to be transferred to the seller (?).

Josh-2010 :

Gosh no. Solicitors have no business holding onto clients money for 28 days or in deed any days at all. They must transfer the money to the client according to their instructions and monies can be sent by CHAPS on same day transfer.

Customer:

OK, thank you. I will be back in touch with the information you require.

Josh-2010 :

If you consider it logically where there is a property chain eg. first time buyer -> seller and buyer -> seller. If it took 28 days to transfer monies then property chains would not be possible. If you were selling a house you would have to wait 28 days before you could buy your new house.

Josh-2010 :

In practice normally people all move in and out on the same day and money has to be transferred on same day transfers up the chain.

Josh-2010 :

I look forward to hearing from you. Best wishes

Joshua and other Law Specialists are ready to help you
Customer: replied 4 years ago.

Hello Joshua,


 


I did the search for a will as you advised and have received the result in the post today. My father-in-law did leave a will, dated 2000 when his wife was still alive. It is rather diffucult for me to understand the jargon in it, but it says upon trust absolutely for my wife is she shall survive me shall hold the net proceeds of his estate. Obviously, his wife died before him and then it states upon trust absolutely my son (my husband) and his siblings as shall survive him in equal shares. It goes on to say provided that if the trusts decalred by this my will shall fail subject thereto etc and states upon strust absolutely etc and names his grandchildren. I am assuming this means it his children all died it would go to his grandchildren. The paragraph that worries me because I don't understand it, is ' Without intending to derogate from the statutory powers fo maintenance and advancement confetted by sections 31 and 31 of the trustee act 1925 I declare that my Trustees may at any time or times in their absolute deiscretion apply any part or parts of the capital (up to the whole extent) fo a share or interest in my residuary estate of a beneficiary hereunder for the maintenance education advancement benefit or advantage in any such way as my Trustees shall think fit of such beneficiary.'


It goes onto the next clause - 'Whenever my trustees shall determine herein to apply any income or capital for the maintenance support or benefit of any minor they may themselves apply that income or capital or pay the same to the parent or guardian of such minor without seeing the application thereof and without regard to the means of such parent or guardian or to the amount of any other income of such minor.'


I am not sure what this will is saying. My impression is that he left his estate to be shared equally by his children, but I do not understand if this means my husbands brother (who is named as the executor along with my husband) can do whatever he likes with the proceeds of the estate? Please advise

Customer: replied 4 years ago.

Dear Joshua,


I failed to notice a part of the will that sounds as if my son and I are ruled out of inheriting anything. it states - Every person who would otherwise benefit under this my Will but who fails to survive me for thirty clear days shall be treated for the pruposes hereof and for the porposes of the devolution of my estate as having predeceased me and my estate and the intermediate income thereof shall devolve accordingly to the intent that no person shall be entitled to any intermediate income from my estate or any part of it if he or she dies within that period or acquire therein or in any part thereof a vested interest (or a vested interest subject to defeasance) before the end of it.