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Uncooperative Sibling
Mr_Gnu
Posts: 108 Forumite
Hi all.
My Father died in December last year.
My Sister who was living with him for the past 7 years or so dealt with the funeral arrangements and changed the locks to his house a few days before the funeral.
She's been living there for 5 months since Dad died. She has refused to show any statements. She said one time that 6k was owed on the mortgage, another time said it was 7k.How can she be paying the bills? Water, electric,gas,internets,council tax,mortgage, on a house she doesn't (afaik) own or rent? Could she have done some sort of deal? Is she a sitting tenant because she has had mail delivered there for years?
My Brother and I have lodged a caveat in mid March and are awaiting communication from our solicitor.
My Father died in December last year.
My Sister who was living with him for the past 7 years or so dealt with the funeral arrangements and changed the locks to his house a few days before the funeral.
She's been living there for 5 months since Dad died. She has refused to show any statements. She said one time that 6k was owed on the mortgage, another time said it was 7k.How can she be paying the bills? Water, electric,gas,internets,council tax,mortgage, on a house she doesn't (afaik) own or rent? Could she have done some sort of deal? Is she a sitting tenant because she has had mail delivered there for years?
My Brother and I have lodged a caveat in mid March and are awaiting communication from our solicitor.
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Comments
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Do you know if there is a will?
Do you know who is the executor?If you've have not made a mistake, you've made nothing0 -
Yes there is a will, but not sure if it is valid as it is unsigned and on getting in touch with the will solicitors they have changed their name, changed town, and have no record of the will.Our solicitor is dealing with it,we four siblings are named as executors and trustees.I am the main benificiary but I told our solicitor that I would rather share equally anything left after the legal process.0
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Yes there is a will, but not sure if it is valid as it is unsigned and on getting in touch with the will solicitors they have changed their name, changed town, and have no record of the will.Our solicitor is dealing with it,we four siblings are named as executors and trustees.I am the main benificiary but I told our solicitor that I would rather share equally anything left after the legal process.
What has your solicitor said about that? AIUI, an unsigned will is a piece of paper with no value.
As there isn't a valid will, why don't you apply to administer the estate and just get it all settled?0 -
If the will is invalid then the rules of intestacy apply; those would normally mean dividing the estate between the siblings if there is no surviving spouse (Engmand and Wales).
What are the solicitors dealing with?
You could and should either be taking action to get probate as executor or adminstrator before your sister does it. The only thing I can see you need a solicitor for is wrinkling sister out of the house.
Who has the death certificate?
Has anyone gone onto the Land Registry website to identify the mortgage provider, then contacted then and asked for accounts?If you've have not made a mistake, you've made nothing0 -
What has your solicitor said about that? AIUI, an unsigned will is a piece of paper with no value.
As there isn't a valid will, why don't you apply to administer the estate and just get it all settled?
Afair, from our only meeting,was they would advertise it in a trade newspaper.
I made clear that I wanted to share equally and for this to happen we were told enter into a deed of variation,which will be a next step afaiu.
"As there isn't a valid will, why don't you apply to administer the estate and just get it all settled?"
Because I've never heard of it before.0 -
A little light reading for you https://www.gov.uk/wills-probate-inheritance/overview
You and your brother can start the process.
Who has the death certificate?If you've have not made a mistake, you've made nothing0 -
If the will is invalid then the rules of intestacy apply; those would normally mean dividing the estate between the siblings if there is no surviving spouse (Engmand and Wales).
What are the solicitors dealing with?
You could and should either be taking action to get probate as executor or adminstrator before your sister does it. The only thing I can see you need a solicitor for is wrinkling sister out of the house.
Who has the death certificate?
Has anyone gone onto the Land Registry website to identify the mortgage provider, then contacted then and asked for accounts?
Intestacy sounds good.
What do you mean "What are the solicitors dealing with?"
We lodged a caveat, afaik this puts a stop to whatever she is doing.
"You could and should either be taking action to get probate as executor or adminstrator before your sister does it. The only thing I can see you need a solicitor for is wrinkling sister out of the house."
Right . This is all gobbeldygook to me,which is why we went to CA who pointed us to a solicitor.
"Who has the death certificate?"
As I say she dealt with the funeral arrangements but we other three have a copy each.
The land registry thing seems worth looking into - Thanks.0 -
It sounds as if the solicitor has advertised in case there is a signed copy of the will with a different solicitor. The caveat has been put on in case your sister had a signed will that she hadn't told you about.
If one hasn't appeared by now, it's unlikely that one exists.
Read up on administering an intestate estate. I'm surprised the solicitor hasn't mentioned this to you - could they be holding back on this advice because they want you to appoint them to manage the estate?
(We are assuming that your Father died in England and Wales - Scottish law is different.)0 -
r.
"Who has the death certificate?"
As I say she dealt with the funeral arrangements but we other three have a copy each.
Good as you need to pool your resources.
One will be needed for the mortgage provider and you need one for the banks if sister has not already cleared them out. If she has, then you need copies from them of the indemity that she will have signed.
I suggest that you all three sign all letters you send as this will indicate to any authorities that you are not just engaing in a family row with sister.
If you can get information then use the tell us once scheme https://www.gov.uk/tell-us-once
You might want to ask the registry office which issued the death certificate if they issued a reference number to your sister?
Your solicitor needs to write to your sister and give her a short period of time to provide a key to each of you. I think she will try and claim that she needs to stay in the house long term.If you've have not made a mistake, you've made nothing0 -
Hi all.
My Father died in December last year.
My Sister who was living with him for the past 7 years or so dealt with the funeral arrangements and changed the locks to his house a few days before the funeral.
She's been living there for 5 months since Dad died. She has refused to show any statements. She said one time that 6k was owed on the mortgage, another time said it was 7k.How can she be paying the bills? Water, electric,gas,internets,council tax,mortgage, on a house she doesn't (afaik) own or rent? Could she have done some sort of deal? Is she a sitting tenant because she has had mail delivered there for years?
My Brother and I have lodged a caveat in mid March and are awaiting communication from our solicitor.
Other bits seem to be covered ....
Any one can pay bills on any house, NONE of the utilities care or check when you change them. They may start chasing to get the old bill paid but a death certificate or they were already up to date no problem
The mortgage can be a problem once you notify the lender but you can fob them off for months as long as things are paid.0
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