My uncle has made a Will and has left everything to me (his niece) out of spite towards his son who does nothing for him - his son doesn't know this and won't find out until after his father's death. I think uncle has notified people to let me know if anything happens to him but he hasn't told his son this. I have a key to uncle's house, his son doesn't - what do I do go straight to the house and take everything of value or do I just get the will and run to the solicitor? How can I organise a funeral for my uncle if his son's thinking it's his responsibility - not a happy situation but I don't know what to expect.
2006-11-24 11:33:24 · 8 answers · asked by Anonymous in Family & Relationships ➔ Family
There is a reason, even if you are not aware of it, that the uncle has disinherited his son. If you are the executor of the will, your have a duty to carry out your uncles wishes. If you are to organize the funeral, just do it. As for the son, if you feel that there is anything that is like a family heirloom - his mother's wedding rings, etc. you may want to share. But you don't have to.
2006-11-24 11:41:37 · answer #1 · answered by kny390 6 · 2⤊ 0⤋
The Executor of your Uncle's estate should deal with this upon his death - it is their job to oversee that your Uncle's wishes are respected. The Executor might be a solicitor or any other person as appointed by your Uncle, it might be wise to find out who the executor is beforehand. Personally, unless there was a REALLY good reason for it, I couldn't stand by and take someone's inheritance from them - it would just be on my conscience forever.
Be aware that your uncle's son may wish to contest the will - this can be a lengthy and expensive process, so I wouldn't leap in and start spending any of your inheritance until all the legal wrangling is over with. Is the son likely to contest the will when he finds out?
What a horrible situation to be in! How do you get on with the son? Would you have a problem with sharing the inheritance? After all, once the estate has been handed to you, it is entirely up to you what you do with it (unless of course your uncle has attached any clauses to the will which would prevent you from disposing of the estate)
I'd hate to have this one hanging over my head, situations like this rarely amount to any good.
Good Luck!
2006-11-24 19:53:32 · answer #2 · answered by Witchywoo 4 · 1⤊ 0⤋
You should talk to your uncle and have him tell his son what he plans for the will. If he won't talk to his son then, you have to talk to your cousin and tell him the truth about the will and why the responsibilitie have been given to you. The two of them should try to work out their differences, but if it goes unresolved at least your cousin knows that your place in the will makes you responsible for the estate and whatever other arrangements your uncle wished to be handled. Your cousin will be able to make a decision either to resolve the differences with your uncle or alter his plan to participate in the funeral arrangements. If you think your cousin is planning to claim some or all of his uncles belongings, you should definately tell him about what your uncle's wishes were about the will, this will make property disputes less likely. If he's smart, he'll know he has no legal right to his uncle's property except what is listed in the will, and he won't want to risk fines, penalties, and jail time over it.
2006-11-24 19:52:40 · answer #3 · answered by Rukh 6 · 0⤊ 0⤋
It depends really on the measure of how close you were to your uncle and if the will has orginally been drafted and you are not included in this.
If your the niece and your the closest to the family, then your really the one that will but their should be a draft and of the will stating on on whom the beneficiaries are and what you have inherited from the will but I would seek legal advice as you could into serious bother by the police before you made an entry in to his house..... just to make sure you are right to make contact with him...
2006-11-24 20:27:18 · answer #4 · answered by Matthew B 2 · 0⤊ 0⤋
Get the will and run to the solicitor. The house will be sealed until a proper accounting can be made, once probate of the will is made. This is because your cousin may hire an attorney to contest the will, and you will have to be formally appointed as executor of the will and go through the courts. It can take quite a while, and in this case, probably will because your cousin probably will contest it.
2006-11-24 19:38:10 · answer #5 · answered by auntb93again 7 · 0⤊ 0⤋
It is your Uncles responsibility to inform his son,, but be honest,, If after Your Uncles death you feel the Son should indeed have some of the inheritance then share it,,
2006-11-24 19:37:31 · answer #6 · answered by kitkatish1962 5 · 2⤊ 0⤋
You will be following his wishes. I'd presume that he'd leave something a letter prehaps for his son explaining his decisions. It's a tricky situation... What do the other members of your family say about it?
2006-11-24 19:36:10 · answer #7 · answered by urbanrt 3 · 0⤊ 0⤋
Depends where you live. In Scotland you cannot do that to your children, they are still entitled to moveable estate.
2006-11-25 06:01:17 · answer #8 · answered by oceanwaves 2 · 0⤊ 0⤋