thank you for all your replies. went to dads bank today . sister and me went in, it has got to go through probate, sister will not pay for it, she said she would ask her son to do it, he is a barrister. she a
met sister at dads bank,,,,,, it has got to go through probate, she said her son can do it as he is a barrister . im not sure if he can. she also said she would take her time in doing money is the root of all evil,
As others have said, in the U.S. POA is powerless after death and the executors of the estate should be handling all matters for the estate (i.e. administering it). If anything, it sounds like you should be writing the checks!
if brother in law had joint acces in dads bank account as pot. can he still have acses to my dads bank account and draw money out. I live in united kingdom. ps. dad passed away 4 wks ago
thank you for all your help and advice. sister is meeting me tomorrow at bank to claim our inheritance. cant under stand why brother inlaw ask me to sighn for him to collect inheritance on my behalf. I can only think they did not want me to see what they had drawn out when he was my dads pot. he said he had put my dads money into a high interest account and could not be touched for a year.then all of a sudden I can go tomorrow to claim what is mine. ill never find out. every thing is so sad.
Wills,Trusts, estates and Power of Attorney may differ from USA to England as variers from State to State here in the US. Most or all in the USA,Power of Attorney is void after death.That's when executors come into play.Having your brother sign for you isn't the best idea to avoid probate.
It's almost midnight and my eyes are getting tired reading the computer. I did find something interesting that might help you.
The question: Are you one of the executors or are you a back-up executor? If you are one of the main executors, this is a very interesting information. By the way, you do understand what an executor's duties are, right? I've included it below - for clarification.
**What happens if more than one executor is appointed?
No matter how many executors are named, for practical purposes it’s usually easier if one of the executors undertakes the administrative tasks on behalf of all the executors.
The executors should meet to discuss the practical side of carrying out their duties, and whatever is agreed should be put in writing and signed by them all.
All the official paperwork may have to be signed by all the executors, even if they agree that one of them is doing the administration.
**What are the duties of an executor?
Duties of an executor involve corresponding with other parties, keeping meticulous records, filling out forms and being answerable to creditors, beneficiaries and the intentions of the deceased, as recorded in the Will.
Executors’ duties include the following:
**Administration =Taking an inventory of the deceased’s possessions and debts =Notifying and corresponding with all relevant organisations to gather together all the assets =Paying all bills, debts and charges on the estate =Searching for any unclaimed or missing assets =Distributing the legacies (whether specific items, cash sums or residue) =Preparing and distributing estate accounts to interested parties =Distributing the residue of the estate to the beneficiaries =Following the testator’s wishes as closely as possible.
**Legal =Applying for a grant of probate (in England & Wales, and Northern Ireland) or confirmation (in Scotland) to prove that the executors have the authority to deal with the deceased’s assets to those institutions and authorities that hold assets in the deceased’s name =Identifying and dealing with any claims against the estate
**Tax =Completing inheritance tax returns and paying any inheritance tax due =Completing any income and capital gains tax returns and paying any outstanding tax
**The executors’ aims are to: = Identify the assets of the estate and assess their value at date of death. Identify the deceased’s debts and pay them. = Distribute the legacies. = Get more detailed information and advice on the duties of executors in Lawpack's Executor's Guide.
Irenepat, You can get a copy of the will. I found this on a website from a company who makes it their business to do this on your behalf for a Fee. They also gave you the option to do it yourself. This is what they stated:
H.M. Government (Probate Service). Customers wishing to make their own search, can do so by visiting the probate registry in person. A return visit would be required, as copies are not issued on the same day. The cost of obtaining a probate record from the Government Probate Registry is £6.00. For the probate registry address, please see the government website at: www.justice.gov.uk/courts/probate/probate-registries
The website is from......probate records. co. uk .......
thank you bookluvr,for your reply. im in England. dad showed me his will everything to been shared between my sis and me. dad has no property to sel lbut has money in bank account. brother inlaws name was on cheques as pot along with dads. account was still my dads. can not get free advice .dads .will was not with a solicitor my sister took it when dad took ill. thank you .
When your father died, BIL (brother-in-law) as POA no longer have the authority to touch your father's bank account. If BIL's name is on the bank account, then that might be a different story. A Will can be read from the court. Are you able to go to the court and ask to see a copy of the Will? A Will is only private when the person is alive. When they die, it becomes open to the public - for anyone to read. So, you don't have to beg or sign anything from BIL or sis to see the Will. Please go to the court.
Again, you really need to educate yourself ASAP. I think it's best that you get a lawyer. Here on island, we have a lawyer that handles court cases for people who are poor (qualifies for food stamps and free housing by the govt.)
am I allowed to see all dads accounts. if im named one of the excuters on his will. dad passed away 4 weeks ago. brother inlaw said £50 had been took out of dads account for drinks at his wake. he wqs dads pot. thank you. why are they not involving me .
Irenepat, I would not sign anything for sis or brother-in-law to collect anything on your behalf. Note - do NOT sign anything. Sign only what is for you. If you're not sure what to do, do you qualify for free legal service? If not, can you research online by Googling about wills and probates in your state. Even though it may sound difficult to understand, it's better to have SOME kind of idea of what is going on.
May I know what state you're living in? I'm curious too! I want to Google and see what's involve with regards to will and probate.
Just from the top of my head, I always thought that a will does not go through probate. What goes through probate is anything that is not mentioned in a Will. For example, if both parents die, and have no will, the house/land/bank accounts/bonds go into probate. There is a time period in which creditors can claim the money owed to them by your parents (medical bills, utilities, credit cards, etc... ) After that time period, whatever is left, is then divided among the surviving children. That is what I always thought. I could be very wrong. Hmmm... after I shower, I'm going to research this....
thank you for reply..................he is saying if I sighn for him to collect my inheritance we will not pay for probate ect, im not up on things. ive never saw anything' they refuse to send a copy of dads will and death certifiacate. thank you
He needs your signature (permission) to get your check.. The check should be made out to you. Make certain it doesn't have his name on it.. It would be safer if you can get the check yourself..
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met sister at dads bank,,,,,, it has got to go through probate, she said her son can do it as he is a barrister . im not sure if he can. she also said she would take her time in doing money is the root of all evil,
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Most or all in the USA,Power of Attorney is void after death.That's when executors come into play.Having your brother sign for you isn't the best idea to avoid probate.
The question: Are you one of the executors or are you a back-up executor? If you are one of the main executors, this is a very interesting information. By the way, you do understand what an executor's duties are, right? I've included it below - for clarification.
**What happens if more than one executor is appointed?
No matter how many executors are named, for practical purposes it’s usually easier if one of the executors undertakes the administrative tasks on behalf of all the executors.
The executors should meet to discuss the practical side of carrying out their duties, and whatever is agreed should be put in writing and signed by them all.
All the official paperwork may have to be signed by all the executors, even if they agree that one of them is doing the administration.
**What are the duties of an executor?
Duties of an executor involve corresponding with other parties, keeping meticulous records, filling out forms and being answerable to creditors, beneficiaries and the intentions of the deceased, as recorded in the Will.
Executors’ duties include the following:
**Administration
=Taking an inventory of the deceased’s possessions and debts
=Notifying and corresponding with all relevant organisations to gather together all the assets
=Paying all bills, debts and charges on the estate
=Searching for any unclaimed or missing assets
=Distributing the legacies (whether specific items, cash sums or residue)
=Preparing and distributing estate accounts to interested parties
=Distributing the residue of the estate to the beneficiaries
=Following the testator’s wishes as closely as possible.
**Legal
=Applying for a grant of probate (in England & Wales, and Northern Ireland) or confirmation (in Scotland) to prove that the executors have the authority to deal with the deceased’s assets to those institutions and authorities that hold assets in the deceased’s name
=Identifying and dealing with any claims against the estate
**Tax
=Completing inheritance tax returns and paying any inheritance tax due
=Completing any income and capital gains tax returns and paying any outstanding tax
**The executors’ aims are to:
= Identify the assets of the estate and assess their value at date of death.
Identify the deceased’s debts and pay them.
= Distribute the legacies.
= Get more detailed information and advice on the duties of executors in Lawpack's Executor's Guide.
H.M. Government (Probate Service). Customers wishing to make their own search, can do so by visiting the probate registry in person. A return visit would be required, as copies are not issued on the same day. The cost of obtaining a probate record from the Government Probate Registry is £6.00. For the probate registry address, please see the government website at: www.justice.gov.uk/courts/probate/probate-registries
The website is from......probate records. co. uk .......
I'm still Googling.....
Again, you really need to educate yourself ASAP. I think it's best that you get a lawyer. Here on island, we have a lawyer that handles court cases for people who are poor (qualifies for food stamps and free housing by the govt.)
May I know what state you're living in? I'm curious too! I want to Google and see what's involve with regards to will and probate.
Just from the top of my head, I always thought that a will does not go through probate. What goes through probate is anything that is not mentioned in a Will. For example, if both parents die, and have no will, the house/land/bank accounts/bonds go into probate. There is a time period in which creditors can claim the money owed to them by your parents (medical bills, utilities, credit cards, etc... ) After that time period, whatever is left, is then divided among the surviving children. That is what I always thought. I could be very wrong. Hmmm... after I shower, I'm going to research this....