How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Iam entitled to £120,000 under the Will of my late mother.

Customer Question

Iam entitled to £120,000 under the Will of my late mother. My brother is the executor. Am I entitled to:

a copy of the executor's bank accounts for the period of the administration
a final distribution/estate account
if the estate has sufficient assets to pay out all beneficiaries and there is a total absence of any debts or claims against the estate, does the executor have legal right to avoid paying my legacy in full.
the estate contains my late mother's house. As a residuary beneficiary, the executor has retained the house and has been refurbishing it for his own benefit. The house needs to be sold to pay my bequest but he has voluntarily elected not to do so to my detriment.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity no one was left the house - it just formed part of the Estate is that correct?
You however were left a certain sum with the rest going to your brother?
Clare
Customer: replied 2 years ago.

I confirm that no one was left the house. It just formed part of her estate. She left £10,000 to two grandchildren, £120,000 to me and the rest to my brother. She left savings of around £79,000 and the house which he valued at £265,000 (although it is worth £425,000). Hope this assists


 

Expert:  Clare replied 2 years ago.
Hi
As Executor your brother is personally liable to you for administering the Estate correctly and meeting all the bequests from the assets available to the estate
Accordingly he has to sell the house (assuming he does not wish to raise a mortgage on it) to pay you your bequest.
Once a year has passed since your mothers death you are entitled to interest on the bequest at 8% per annum
If he fails to market the property to pay your legacy you can apply to the courts to have him replaced as Executor for maladministration
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you. You did not inform me whether I am entitled to a copy of the Executor's bank accounts for the period of the administration of the estate and finally a copy of the final estate account. Please advise.


 


Having done a search at the Land Registry, I now know that he has transferred my mother's property into the name of himself and his wife, despite the fact that he has not paid by £120,000.


 


I presume this means I must apply to the court. Please confirm.

Expert:  Clare replied 2 years ago.
Hi
Since you are not a Residuary beneficiary you are not entitled to copies of the accounts or the statements.
However you are entitled now to sue your brother for the money that he has misappropriated by transferring the property into his own name and that of his wife.
In effect this actually amounts to fraud
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice