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any lawyers out there? - Carers UK Forum

any lawyers out there?

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Hi there.

Grandmother has passed away.
Her will only states to split house/monies between two daughters... Nothing more, nothing less.
One daughter is incapacitated (my mother) and has her children (inc me) as power of attorney. I am her carer.

Other daughter (my aunt) has not told us anything about the will, final burial or anything. She has left and gone on holiday for a month (so far!)

I got a copy of the will from the probate office as probate has been approved with my aunt as sole executor.

Mother and I are worried that she will never see any money. I am secretly worried that my mother will need a nursing home v soon (so want inheritance so she can have a top of the range home with extra care, not a cheapo one), and to be honest I do not know how long she will be with us.
I cant see the wood for the trees. I am her carer.To add to this mum isnt settling into new flat! Other residents are complaing as she pulls the cord too much, despite me being there every day for two hrs and x4 care visits. Has anyone had expereince of a live in PA? At wits end!
Back to the subject.

1. How do we get my mother's share?

2. If my aunt drags this out by constantly ignoring us and my darling mother passes away before she gets her share, will my aunt automatically get 100% of the will? Or does it go to grandchildren by default?

I know I should see a solicitor but am worried about the cost and wondered if anytone else has had similar experiences.
This is really tough for you. The rules about these things are quite straightforward, but you really do need to speak to a solicitor - especially as your aunt has pushed off on holiday, regardless. Executors are supposed to act properly - going away hardly fits into this category, and I believe that if they don't there may be serious consequences. Without a solicitor you could make mistakes which might costs thousands to put right, my mum did this and it all went horribly wrong later! I've lost a number of relatives, and discovered that the cost of the funeral can be paid for by the bank without waiting for probate etc. I just had to give the bank the bill and they paid it for me. If you have power of attorney for mum, then the law sees you as your mum. Hope that helps. In your shoes, I'd try to make sure that the bank knew that your grandmother had died, and then they would freeze the account until all the legal formalities were sorted, especially important when your aunt doesn't seem to be doing the right thing. Hope that helps.
Looks like Bowlingbun has got it covered...
You might find this guide useful:

http://www.bereavementadvice.org/upload ... 05CD27.pdf

Some solicitors give time-limited free legal advice either directly or via a local CAB and it might be worth considering using this service before paying for a solicitor.

Whilst your aunt's behaviour may appear inappropriate I do think that it is important not to pre-empt her duties as bowlingbun suggests, she may well already have dealt with the bank, etc. and unless you have proper evidence to suggest that she is not fulfilling her duties as executor this is likely to cause unnecessary problems for all concerned.
I tried to look at the link booklet, but got "Runtime error" in fact I haven't been able to open any links this week. Is it me, or the site? I bought a book called "When Someone dies", it was very useful, not just for the big things, but the little things too, for eample I'd never even thought about sending back things like passports and driving licences.
It opens for me, I always check my links before posting. If it opens for other members it might be your settings, try checking your security settings, they can sometimes block content which is safe.
Link worked fine for me.