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Why very late administration of an estate?

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  • Why very late administration of an estate?

    I have found a woman who died in 1945 whose estate was only valued at £900, which wasnt listed/proved in the probate records until 1952. She left it all to her husband.
    she wasnt amongst the civilian war dead.I have no definite proof but I think her husband died in 1958 in same area.
    So does any one have any idea why it should take so long ie 7 years to get administration of an estate?
    Angelina

  • #2
    I cannot explain your particular case, but I have come across a similar case in mine, whereby the daughter died leaving a very small amount to her mother (the daughter was a nun), but probate/administration did not occur until the mother died, when the daughters case was I believe proved in conjunction with her mothers estate. I hope that makes sense.
    Bubblebelle x

    FAMILY INTERESTS: Pitts of Sherborne Gloucs. Deaney (Bucks). Pye of Kent. Randolph of Lydd, Kent. Youell of Norfolk and Suffolk. Howe of Lampton. Carden of Bucks.

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    • #3
      Angelina

      The reason for late probate is probably because there was no benefit to anyone doing it. Her husband may not have needed the money and ddn't do anything about it until he did. I have quite a few instances of estates not being administered for many years (34 in one case) because the person couldn't be bothered/didn't know how to do it/didn't need the money.

      My father died 12 years ago and I still haven't finished administering his estate because there was a complication regarding some shares and their possible value. Only last month yet another few shares popped up that I hadn't known about.

      OC

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      • #4
        Thank you both very much indeed - your replies are most helpful and informative.
        Angelina

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        • #5
          In those times, £900 could have been the value of the family home, which belonged to the wife rather than in joint ownership (or the wife's share of a joint asset.) If the husband decided to sell up and move, then I think there would have had to have been admin of his late wife's estate, so that, on paper, the property passed to him, giving him the legal right to sell.

          (only one possible scenario of many!)

          Jay
          Janet in Yorkshire



          Genealogists never die - they just swap places in the family tree

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          • #6
            ....and another, lol - if husband and wife were estranged, he may not have known about her death for some years.

            I think Jay's explanation is probably the right one, the value was in a joint asset such as a house.

            OC

            EDIT - my parents bought their first house in 1947 and the cost was £695. This was for a modest three bed semi in a quiet street, garden front and back.
            Last edited by Olde Crone Holden; 25-03-14, 11:12.

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            • #7
              I have a will on my side which was not proved for about 6/7 years after the death, but this was because there was a problem with the will, in that the executor had refused to "execute" the will and that the main claimant could not be the executor without the permission of the next in line who was going to be the receiver of the resdidual estate! But the person receiving the residual estae did not even know the existence of the Will! Added to that complication was the fact that the claimant was going to receive the main part of the money left but this was in Trust!! Sometimes wills can get very complicated!

              I presume you have the Will so have you looked very carefully at the Will to see who was named as executor and did that named executor actually oversee all aspects of the undertaking? The Will might name what was in the Will, money, house etc.

              Janet
              Last edited by Janet; 25-03-14, 11:33.

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              • #8
                I have been an executor quite a few times over the years and after my last experience I shall NEVER EVER do it again - remember that executors do not get paid and can only claim absolutely direct expenses, so no petrol or travel allowances. (If you are a professional executor, such as a bank or solicitor, you can of course claim for every single minute of your time, including mileage etc).

                What should have been a ridiculously simple estate to administer turned into an absolute nightmare which included me having to do a 50 mile round trip three times a week for nearly two years to ensure the house hadn't been occupied by squatters or burnt down. All at my own expense. Neither beneficiary even sent me as much as a thankyou card and were quite rude about the delay, which was not my fault.

                I can quite understand why executors decide they don't want to do it. I nearly threw in the towel several times.

                OC

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                • #9
                  Originally posted by Olde Crone Holden View Post
                  I have been an executor quite a few times over the years and after my last experience I shall NEVER EVER do it again - remember that executors do not get paid and can only claim absolutely direct expenses, so no petrol or travel allowances. (If you are a professional executor, such as a bank or solicitor, you can of course claim for every single minute of your time, including mileage etc).

                  What should have been a ridiculously simple estate to administer turned into an absolute nightmare which included me having to do a 50 mile round trip three times a week for nearly two years to ensure the house hadn't been occupied by squatters or burnt down. All at my own expense. Neither beneficiary even sent me as much as a thankyou card and were quite rude about the delay, which was not my fault.

                  I can quite understand why executors decide they don't want to do it. I nearly threw in the towel several times.

                  OC
                  Yes indeed, I have only ever been executor once and never again, because I was the one that had to sort out the mess that occurred in my post 7!

                  Janet

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                  • #10
                    it's possible all the above reasons are mentioned. my 3rd great grandfather died in 1901, and hadn't administered 2 deceased sons estates. god know's why. his widow did it along with his. she promptly disappears, and i'm left wondering if the surviving kids got anything at all......she seems to have loved him, as she helped get him out of jail for attempted rape in the mid 1890's. (was general consensus in the community he was innocent, and the maid was trying to extort him as the lord of the manor)

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                    • #11
                      I found an order for administration of my 3x grandfathers estate 21 years after he died. It seems the son sold his farm etc with an agreement to share proceeds out with the family. He then promptly spent all the money. Really don't know how he did this (1845) without probate.
                      Last edited by Ellen Proctor; 26-03-14, 08:40.

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                      • #12
                        Originally posted by Ellen Proctor View Post
                        I found an order for administration of my 3x grandfathers estate 21 years after he died. It seems the son sold his farm etc with an agreement to share proceeds out with the family. He then promptly spent all the money. Really don't know how he did this (1845) without probate.
                        He might have had the same name as his father in which case he could have passed himself off as the owner and therefore no need to get probate.

                        I know of someone who did that here in Spain where the inheritance tax has to be paid before any monies are available from the estate so the person concerned did not try to change the ownership of the property but simply kept it as if it was his all along!

                        Margaret

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                        • #13
                          Thank you for all the ideas and the rather horrid examples of what can go wrong if the right procedure isnt followed. I have absolutely no idea what is the right scenario in the case i am following as its not my family so no oral history to help me out.And its not vital that the administration/will is bought either but your ideas are most welcome and I will pass them on.
                          i just hope my own will isnt complicated to follow thru as a solicitor drew it up for me about 10 years ago.
                          hope you have all written your wills out?????????
                          Last edited by angelina; 26-03-14, 10:04.
                          Angelina

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                          • #14
                            Angelina

                            My friend's Will was very simple, very straightforward and perfectly legal. My problems came because the main beneficiary was in prison and as he was the subject of a proceeds of crime investigation, did not wish to receive his legacy and denied that he was the person named in the will! (You couldn't make it up, could you).

                            I too know of a case where one member of the family offered to do the administration and it was agreed on a gentleman's handshake that he would act alone and share everything with his sibs. He didn't, he spent the lot and there was very little the siblings could do about it.

                            OC

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                            • #15
                              OC - thank you - those examples just makes them all the worse - personally i shall haunt any one who mucks up my wishes in my will!!! I hope you have finished being executor now for anyone.
                              Angelina

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