My mother died 2 months ago in November 2015 and she has left both her house and a small sum of money to myself and my 2 younger sisters in her will.
My 2 sisters are both the executives of the will, but I am not. But my mum has included me in her will and left the house to the 3 of us and we each get a third of everything.
That is if my late mums house is sold, the money from the house sale will be divided between myself and my 2 sisters.
And my late mother also left us money which is her savings from her bank account which is also to be divided between myself and my sisters as is the terms of mums will.
I want to sell the house but the problem is that my sisters don't want to sell it because the other sister who used to be my late mum's carer does not want to move out.
My other sister is married with a house of her own and I have my own flat. But I want to sell the house because I am on benefits and need the money for myself.
My situation is that my sisters do not want any contact with me and it was like this even when mum was alive.
So I have gone to a wills and Probate solicitor who has taken my case. Because of my family situation,my sisters won't see me or talk to me, there is no way I can sort this out on my own. And my sisters solicitor won't have any conversations with me, since she is my sisters solicitor not mine.
So I have had to get a solicitor of my own which I have done. But I have found out that it won't be covered by Legal Aid but my solicitor has said I will be billed the fees at the end of administration after my mums house is sold as I will have the money from the house sale.Which is an agreement I am happy with.
What has happened so far is that my sisters solicitors applied for probate on behalf of my sisters who are executives of the will.
My late mother left her house to me and my sisters.
My sisters solicitors applied for and my sisters and I were granted Probate by the high Court on the 29th December 2015.
Which means that my mums house is both mine and my sisters and can be sold.
My solicitor who is acting for me has so far been contacting my sisters though their solicitor.
But now my sisters solicitors have told my solicitor that their role was limited applying for the grant of probate and my sisters are not ready to sell the house.
And I am not happy with this at all as it seems that my sisters are trying to get out of selling the house.
I would sell the house myself but my solicitor has told me that because I don't have the automatic right to do this since I am only a benefactor of my late moms will but not the executive.
My 2 sisters are the executives but not me.
I don't understand this because mum has left her house to me and my sisters in her Will. So the house now belongs to me as well as my sisters.
So why can't I sell it?
But my solicitor said that as a benefactor I have the right to receive my late mothers estate and make sure that my sisters who are the executives of the will deal with the property correctly and sell it in a reasonable amount of time.
And if they don't I can take legal action against the executives who are in this case my sisters.
So I told my solicitor to do it, but my solicitor said we cannot take it before a judge now because it has only been 5 weeks that we have been granted probate. And I have got to give my sisters(the executives of the will) more time to get the house on the market.
But my sisters are doing nothing about this.
So where do I go from here?
And is my solicitor telling me correctly or can more be done about this?
Please can someone advise since I don't know much about the laws of probate.
I am in England, well London actually and my mum died in London so the will is subject to English law. Just to let you know.