Need advice
#1
BE Forum Addict
Thread Starter
Joined: Jul 2008
Posts: 1,477
Need advice
I apologize way in advance as I do not know where to post this message. I am looking for a web link or advice from anyone regarding the following: my mother died recently and left no will. My brother and I are her only children. We were both raised in a Children's Home for many years as she was an unfit mother. We moved to America in the early 1980's and I go back to UK as often as I can. My mother only left estate of about 7000 pounds but I do not even know how to go about finding how and if I can gain access to the money. Things are complicated by fact that an aunt who never had the time of day for my brother and I now suddenly wants us to give her all the money. I am in the US and don't even know who to contact to find out what I need to do to see if we are entitled to the money. Not even sure it's worth it as not sure if would have to pay UK and US taxes. Mother was in nursing home from age 53 to death at age 70. Only saw her 2x since age 11 and now I'm in late 40's. Any advice or assistance? She lived in Manchester. Thank you.
#2
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Joined: May 2006
Location: In the middle of two worlds
Posts: 501
Re: Need advice
When someone dies intestate, the usual procedure is an Administrator has to be appointed and Letters of Administration have to be obtained, then the assets are distributed as per the Laws of Intestacy.
Just google around.......you'll find info on the web.
Just google around.......you'll find info on the web.
Last edited by coopa_troopa; Jul 3rd 2008 at 3:00 am.
#4
Just Joined
Joined: Sep 2006
Posts: 29
Re: Need advice
I apologize way in advance as I do not know where to post this message. I am looking for a web link or advice from anyone regarding the following: my mother died recently and left no will. My brother and I are her only children. We were both raised in a Children's Home for many years as she was an unfit mother. We moved to America in the early 1980's and I go back to UK as often as I can. My mother only left estate of about 7000 pounds but I do not even know how to go about finding how and if I can gain access to the money. Things are complicated by fact that an aunt who never had the time of day for my brother and I now suddenly wants us to give her all the money. I am in the US and don't even know who to contact to find out what I need to do to see if we are entitled to the money. Not even sure it's worth it as not sure if would have to pay UK and US taxes. Mother was in nursing home from age 53 to death at age 70. Only saw her 2x since age 11 and now I'm in late 40's. Any advice or assistance? She lived in Manchester. Thank you.
Do you know who is dealing with your late mother's affairs?
Is it a solicitor or are you and your brother sorting this out?
If a solicitor, you should contact them and let them know that you and your brother are alive and wish to claim in your late mum's estate. He will then wind up the estate then distribute as per intestacy rules which in short would mean you and your brother would get everything equally between you following payment of bills, incuding funeral expenses, legal fees etc.
Due to the sums involved then it is classed as a small estate.A solicitor may not be required.
If it is you and your brother, due to the sums involved then the bank(s) may be prepared to simply release the funds directly to you on signing an indemnity or declaration which normally needs to be signed before a commisioner of oaths or solicitor. US attorneys will do this for a fee. You will also have to pay any bills due by your mum at her date of death.
There are other things that you would need to do if doing it yourselves e.g. write to pensions people, attendance allowance people, tax people, pay bills. Find out what your mum was entitled to finaically e.g. private pensions, anything from your late father's estate etc.
You will need to get your mum's personal papers to go through them and find out what assets she owned and what she owed. Is aunty dealing with that?
If you cannot get to the Uk to sort this then you may be wise to consider instructing a lawyer here is the weblink to the Law Society in E&W. They will however charge you for this service.
http://www.lawsociety.org.uk/choosin...asolicitor.law
Your aunt is not entitled to anything. She cannot make you pay over money to her either.
Please pm me if you need any other help here.
#5
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Thread Starter
Joined: Jul 2008
Posts: 1,477
Re: Need advice
Milligano, I tried to pm you but system won't let me. I would like to ask you further questions. I looked at web link you gave me and found solicitor. the situation is very difficult though because not having seen my mother or having contact with her for decades we have no clue where papers, assets or anything is. She has been in nursing home for past 17 years and I now believe my aunt has all her papers and is going to be upset that we want our mother's estate. We spent 15 years in state care and nobody in family ever visited us even though we lived about 30 minutes away. I don't believe I owe my aunt or anyone else in the family but my aunt will make things difficult. She lives in Manchester and is only one that knows where my mother's assets, bank accounts are (if any). I know it's a small estate but it's something. I would like oto do this myself but believe that due to distance I may have ot hire a lawyer but that could eat up the 7k in costs. Yes my brother and I are her only acknowledged children - she had others but don't know who they are, where etc. etc. Thank you everyone for assistance.
#6
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Thread Starter
Joined: Jul 2008
Posts: 1,477
Re: Need advice
Milligano - should you want to email me my account is [email protected]. Thank you. I only suggest this as I cannot email you.
#7
Re: Need advice
Milligano, I tried to pm you but system won't let me. I would like to ask you further questions. I looked at web link you gave me and found solicitor. the situation is very difficult though because not having seen my mother or having contact with her for decades we have no clue where papers, assets or anything is. She has been in nursing home for past 17 years and I now believe my aunt has all her papers and is going to be upset that we want our mother's estate. We spent 15 years in state care and nobody in family ever visited us even though we lived about 30 minutes away. I don't believe I owe my aunt or anyone else in the family but my aunt will make things difficult. She lives in Manchester and is only one that knows where my mother's assets, bank accounts are (if any). I know it's a small estate but it's something. I would like oto do this myself but believe that due to distance I may have ot hire a lawyer but that could eat up the 7k in costs. Yes my brother and I are her only acknowledged children - she had others but don't know who they are, where etc. etc. Thank you everyone for assistance.
#8
Just Joined
Joined: Sep 2006
Posts: 29
Re: Need advice
thanks Jerseygirl. I will try and pm you fulwood.