Help with house dad died intestate big mess

BitterAndTwisted

I agree with you Bristol_Pilot but that's a way down the road yet. I think sometimes anticipating a dispute is often a self-fulfilling prophesy, most especially where inheritance is concerned

zzzLazyDaisy

herbivore22 wrote: »

My brother has always been a reasonable person but just wants me to go away.

Which in a way is understandable because the reality is that he is probably going to end up losing his home and doesn't want to think/talk about it.

One step at a time. Sort out who is going to administer the estate. Until you get that far, you can't do anything at all.

herbivore22

Thanks olly300 that's what I'm trying to avoid. As there was no will we only have what my dad said to each of us and my brother has taken it to mean he can stay in the house forever. I know my dad meant for it to be sold to help me and my family as well as helping my brother to start his own life. I have young children a mortgage and work full time and this will make an enormous difference to mine and my families lives.

Errata

If your brother has had the utilities put in his name, ask him if he's insured the property. He doesn't own it so can't insure it. The estate can't insure it, letters of administration haven't been applied for or given.

herbivore22

Thanks Lazy Daisy. Even that bit will be difficult but I know it needs to be done!

herbivore22

He has it insured. You don't need to own it to insure it.

timmyt

herbivore22 wrote: »

Hi my dad died and me and my brother are only surviving relatives (mum deceased) but didn't leave a will. My dad had said we should sell teh house when my brother has sorted somewhere out for himself. There is no mortgage on it.My brother has lived in the house for the last 10 years and has told me he doesn't want to sell it as it's his home. I don't want to fall out with him but don't know what to do next. Please help me with advice. Times are hard financially but I've got a small flat. Would like to be able to do more for my family though. Thankyou.

you can see a solicitor and look to force a sale, not much else you can do if you want your 50% entitlement.

GavB79

G_M wrote: »

Why ask if you don't know if it's relevant? Not really helping the OP!

Look the answer up and then, if relevant, ask the OP!

If that is the case, why not criticise the OP for asking their question in the first place when they should have researched it themselves? Why don't we just make the forum obsolete?

BitterAndTwisted

Sorting out what ultimately happens to the property is a long way away. If your brother has been looking into it I'm sure he will realise that he cannot occupy the house indefinitely without your agreement. I wouldn't talk about it to him or even think about it until probate has been granted. There are a number of solutions which may not entail your brother becoming homeless. I can think of several off the top of my head

getmore4less

Ok

You have no idea what has happened to the chattles.

You know he is living in the house and has not been to upset to process the utilities etc.

What about the other assets like bank accounts?

What about income have they been stopped

Have the tax office been notified? (they don't seem to find out automaticaly from the registrar)

Another question to consider what is the likely total value of the estate.
When his wife died what hapened to her estate?

you could have upto £650k if there is a full nill rate band.

The thing is the clock starts running on IHT at 6 months.


OK also found the relevent section on who can apply for probate.

NOTHING ON AGE, I might have that from some other docs/books I did read a lot.

it is n PA2

• the deceased person did not make a will and you are their next of kin, in the following order of priority:
- lawful husband or wife or civil partner (a civil partnership is defined as a partnership between two people of the same sex which has been registered in accordance with the Civil Partnership Act 004). Common law partners cannot apply for probate.
- sons or daughters (excluding step-children) including children adopted by the deceased. (Children adopted out of the family can only apply in the estates of their adoptive parents and not their biological parents.)
- parents
- brothers or sisters
- grandparents
- uncles or aunts
- If sons, daughters, brothers, sisters, uncles or aunts of the deceased person have died before the deceased, their children may apply for probate.
If you are not sure whether you are entitled to apply for a grant, you should still complete and return the forms and we will tell you. If you are a distant relative, please supply a brief family tree showing your relationship to the deceased person.