Will Beneficiaries

[Jessbow]

Kiki,
Being supportive is sometimes saying ''sorry you have it wrong''

it would be truly unsupportive if you got it wrong because no one pointed that out.

No, I'd never done it before, yes it harrowing, does your head in, but rushing it wont help anyone
in the long run

 

[notsogooddtr]

I’m not suggesting the whole estate is distributed although there is enough money from my mum’s accounts to do so to take care of her will requests. I’m only on about a very small amount of money as in £500 to be taken as an interim payment which will be enormously helpful to me. If you are not self employed then I wouldn’t expect you to know just how difficult times can be when your business isn’t earning enough money. I don’t get any help or benefits & I have taken a lot of time out of my business through this sad time of my mum being in hospital & then subsequently her passing away, funeral arrangements & dealing with the executor & basically doing a lot of his job for him.
I don’t mind doing that as it is something that will help me in the future & furthermore I thought that this forum is actually meant to be supportive not oh let’s jump down the throat of someone who is grieving for their mum but also has added financial pressures on their shoulders to boot.

 

[nitram]

The executor has control of all the released funds.
He can use these to pay funeral expenses.
Any other payments should not be made until the will is proved.
He has a duty to ascertain that all creditors are paid before doing this.

 

[notsogooddtr]

I really don't think anyone intends to ''jump down your throat"But people on the forum have experience of probate and are offering their advice.

 

[canary]

I think the reason people are being so quick to point things out is because probate is a legal process and if you get it wrong, there are legal repercussions. Nobody here wants there to be problems

 

[DianeW]

I honestly think the advice given is to advise against anything being done illegally.

I do understand how tough it is being self employed as my husband was so for 35 years, I get that often more is going out than coming in and it’s very worrying and stressful.

What you are asking the executor to do makes perfect sense to me, but it seems from others more knowledgeable that legally it’s not allowed, so please do be very careful especially in view of the executor and his position.

I would raise the money you need from a loan just to tide you over, in the knowledge that eventually all will be sorted and you will receive your inheritance at the right time.

It’s such a shame your going through this, and having to deal with executors......however even if you yourself were the sole executor it’s still sounds like you wouldn’t be able to use funds in view of what’s been stated.

 

[Banjomansmate]

I was a named beneficiary in my cousin’s will. She died in the June of one year and I received my bequest in the February of the following year. The will has to go to Probate before money can be given to beneficiaries.

 

[love.dad.but..]

In your post Kikki effectively your question was when can beneficiaries receive their inheritance as you wanted to help the executor get it right. None of us who have replied are making judgements or being unsupportive just answering factually from our experience of probate and what we know going through the process of the legal position. Once the executor has sworn the oath the probate document comes through quickly (10 days in both my cases) if not contested. However from your previous posts regarding the importance to you of, as the executor has started, helping him deal with every phase as speedily as the legalities and practicalities allow maybe it would be unwise to mislead him into thinking that it is legally ok to release funds before the appropriate time as if he discovers that is not the case he may just hand over to solicitors and that is not what you want time and expense wise and some trust may also be lost between you.

All our circumstances are unique even though the common challenges of dementia bring us to this forum. Trying to deal with the deceased estate whilst newly grieving is very hard emotionally as I too discovered but there are often no short cuts when it involves legal matters.
When my mum died suddenly as a self employed person I had to move in overnight with my dad and my work was reduced by half for 10 months. Equally when my FIL was at end of life my OH also self employed had to refuse work for 4 weeks and both periods of time had a huge impact. We can only do what we can at the time.
I had sold dad's house the year before dad died to pay for care home fees and I consider myself to be organised, proactive and methodical. Even with being very proactive to push things along and no house sale to include in his estate before distribution of funds it took a few months with a few loose ends taking time to sort...dad died in March I distributed estate proceeds in July. A probate house sale will unfortunately add a few months even if you are lucky to sell quickly in the current market so maybe a short term loan to tide you over could be an interim solution for you.