Help with house dad died intestate big mess

getmore4less

If you want help from a solicitor you need a specilaist

STEP is the key word if looking.

http://www.step.org/

BitterAndTwisted

Angel, go to the probate service, speak to them and get the necessary documents to start getting the ball rolling. It may not be worth getting a solicitor involved or taking legal advice unless the value of the estate is substantial and/or complex or you and your brother can't reach agreement on what you both want to happen. But that's quite a long way ahead, I think.

Pay attention to the suggestion about utility bills and Council Tax because if the situation drags on for a long time, you may not want those expenses coming out of your share of the estate.

getmore4less

herbivore22 wrote: »

Sorry - what do you mean about age? I am older (and a girl by the way!)

There are a set of rules on who can administer an estate.

I think for children it is in age order but the PA1 won't come up on-line and my paper copies are not here.

I did my Dada estate(for my mum) and much of my mums estate but getting solicitors to deal with the final parts because there are 2 of us and I want independance to avoid any potential of onflict and there are a few thing they will have to do anyway.

olly300

herbivore22 wrote: »

Sorry - what do you mean about age? I am older (and a girl by the way!)

Ignore the posts asking about age.

1. Get a book out from the library about probate.
2. Get in touch with the probate office
3. If still in doubt go and talk to a high street solicitor - however if possible try and avoid using them to do most of the work.

Importantly make sure all bills from the house are still not in your dad's name.

You need to contact the council tax department and utility companies and inform them that your dad passed away. You may need to send them a copy of the death certificate.

If your brother doesn't co-operate just make sure your dad's name is off all the bills as the companies will chase your brother, the occupier, for the money rather than you both as you can prove where you live.

bristol_pilot

One does not normally need a solicitor to start on probate if there is a will that appoints an executor, but if a person dies intestate then an executor needs to be appointed by a court. A solicitor is advisable in this case to avoid, possibly, the appointment of an executor who may decide that it is in his or her interests not to carry out the administration fairly or promptly - resulting in one sibling suing the other.

herbivore22

Thanks - good advice. I'm pretty sure my brother has transferred all bills to his name now and is paying them so that should be ok. I will check though. Thanks

McKneff

Age or gender doesnt come into it.

Any offspring of the deceased inherits equal shares

herbivore22

We have had a good relationship up to now but he just seems to want me to go away and stop asking him questions about my dads estate. I don't what has happened to his other possessions either - his wedding ring and his watches. He had a few antiques and things which I assume are all still at the house but I'm not sure. I'm just a bit worried about how it will all pan out. My brother has always been a reasonable person but just wants me to go away.

bristol_pilot

McKneff wrote: »

Age or gender doesnt come into it.

Any offspring of the deceased inherits equal shares

This is correct. The issue is over the appointment of executor, there being no will. If the brother living in the house gets probate he could use delaying tactics to ensure the OP never gets her inheritance. Or there could be a court battle. The OP stated that the brother wants to continue living in the house and cannot afford to buy her out. That's why I advised seeking legal advice, not to do the admin.

olly300

herbivore22 wrote: »

Thanks - good advice. I'm pretty sure my brother has transferred all bills to his name now and is paying them so that should be ok. I will check though. Thanks

Be careful how you check.

As this could start a war as unfortunately for your brother if you want the money from the house, and he can't afford to get a mortgage to cover your part then it needs to be sold.

If you start a war then solicitors and the court will have to get involved which means both of you will end up with less money. You will also lose part of your family which will have repercussions for any children you have.