I am administrator of my mother in law's estate who died intestate a year ago leaving an estate of approx £150k. She had 3 children (my wife and her brother and sister) unfortunately the sister died 6 weeks after her mother but before the estate could be liquidated and distributed. This meant that her share of her mother's estate should become part of her estate. However the widower of Kay (the sister) refuses to apply for letters of administration and probate and is of the opinion that i should just hand over the money straight to him, I have refused to do this until Probate has been granted and then only to the executor/administrator. My question,please, is is there a time limit on the widower applying for probate and what should I do with Kay's share if Probate is not applied for - do I submit it to the Treasury as an unclaimed estate? Hoping you can offer me some guidance. Richard XXXX
My mother in law did not have a spouse. Kay left one son aged 34.
My problem is that Kay's husband refuses to apply for probate or letters of administration. Surely I would have to have sight of the courts granting authority to pay over the £50000 inheritance to Kay's estate. Are you suggesting that I can pay the money to her husband without any evidence that he is entitled to it and bypassing the process that would ensure that any debts she may have left on her death have been discharged?
Well I am surprised ! I would have thought that whoever was to administer Kay's estate would require the authority of the Probate Court to deal with her individual assets such as bank accounts and debts just as I did for her mother.
Relist: Incomplete answer. I feel the Expert has missed my point. Why is it not necessary for the widower of Kay to apply for probate to deal with her estate?
Then why does the UK Gov web site say that it is necessary to apply for grant -
it clearly states that a grant of representation should be applied for to enable the "executor" to deal with the estate? If there is no will then the next of kin should apply to be the administrator. I am of course referring to Kay's husband dealing with her estate, not that of her mother.
I think we are pretty much in agreement!
I can only issue the cheque to "The Exectors of Kay ...... decd" and send it to her address, her husband will not be able to bank it as he has not applied for grant so I will still be left with the money in the bank!
To get back to my original question, what do I do with the money if the husband continues to refuse to apply for grant?
This exercise has been a waste of time, the "expert" failed to grasp the point of my question until it had been repeated several times. The final answer is so inane as to be laughable - she is dead her bank accounts are frozen.
A rubbish service.