Advice about probate please!?

rogerdee1936

Hi there, I am 81-yrs old, and my 84-yr old brother died in May, leaving no will.
Our sister is the only sibling whom had access to his home, so took it upon herself to deal with everything, etc. All without asking any of the other brothers permission...
She didn't allow any of us to look around the house at his possessions, and has since given away, thrown away, and sold any thing of value, spending whatever she made.
Even though she refused to tell us anything, we found out which solicitors firm are dealing with the Probate on my deceased brothers home, and on contacting the lawyers, they've also refused to tell us what's happening, what stage everything's at, etc??
Now, as we siblings are definitely of the opinion that our sister is trying her best to 'keep everything' moneywise, from the eventual house sale?
We have sent emails to her solicitors stating how we were releted to our brother, etc, and that we should be ENTITLED to an equal share of EVERYTHING...PLEASE tell me, do we have anything to worry about??
Can she somehow, 'get away with' her ploy to rip us other siblings off by not sharing out any eventual proceeds??
Please, any advice would settle my extremely worried family, thank you, Richard

Yorkshireman99

rogerdee1936 wrote: »

Hi there, I am 81-yrs old, and my 84-yr old brother died in May, leaving no will.
Our sister is the only sibling whom had access to his home, so took it upon herself to deal with everything, etc. All without asking any of the other brothers permission...
She didn't allow any of us to look around the house at his possessions, and has since given away, thrown away, and sold any thing of value, spending whatever she made.
Even though she refused to tell us anything, we found out which solicitors firm are dealing with the Probate on my deceased brothers home, and on contacting the lawyers, they've also refused to tell us what's happening, what stage everything's at, etc??
Now, as we siblings are definitely of the opinion that our sister is trying her best to 'keep everything' moneywise, from the eventual house sale?
We have sent emails to her solicitors stating how we were releted to our brother, etc, and that we should be ENTITLED to an equal share of EVERYTHING...PLEASE tell me, do we have anything to worry about??
Can she somehow, 'get away with' her ploy to rip us other siblings off by not sharing out any eventual proceeds??
Please, any advice would settle my extremely worried family, thank you, Richard

I fthere is no will then the intestacy laws apply. This tells you who gets what.

https://www.gov.uk/inherits-someone-dies-without-will

Did your brother have any childrten or a wife still alive? Someone has to apply for letters of administration to deal with the estate. I suggest you write to the solicitorby Signed for delivery today setting out the facts as known. You also need to lodge a caveat with the Goverment Probate Officeto delay probate. This should bring the solicitor and your sister to their senses.

rogerdee1936

Thank you to the person whom just replied to me, I'm new to MSE, so am unsure as to how to directly reply, post, etc!?
Anyway, As I am oh on a state Pension, do any of the things you advised me to do, cost a lot of money? I can't afford to hire a solicitor, and my sister knows that, yet she is using my deceased brothers finances to ploy her own legal firm.
Our brother had no wife, no partner. No kids, there are only brothers and one sister...whom is refusing to tell us, show us anything whatsoever.
I can send a copy of our immediate family tree (I'm on Ancestry website regular!) with plenty of ID, just to PROVE as to HOW I am releted to my brother, etc, to her solicitor, but if I, and the other brothers all do the same, is there ANY way that we will not get our share of the estate? As she is using a reputable solicitors...COOPERATIVE LEGAL SERVICES, surely THEY would ensure that the money is shared out lawfully, equally, legally??
Also, if she wanted to be 'awkward', and she was the only sibling out of 4 others, and she decided that to be awkward, she wouldn't agree to sell the house, even if the others wanted to sell our brother's house, could she prevent the sale?
Also, and sorry to push my luck with asking you all these questions!?...but shouldn't she be putting the money from the sales of any expensive items from inside his house, awAy to be split legally and equally?
What about his savings/bank accounts? How do we know if that will be split equally? As she is refusing to show us or tell us anything!?!?

Thanks SO much for your time!

Browntoa

solicitors must follow the rules in post 2 , the estate should be equally split between any siblings ( or in the event of their death , any children)


your sister cannot do otherwise


the estate should include the sale of any possessions , contents of bank accounts and savings etc , less any outstanding debt

Yorkshireman99

rogerdee1936 wrote: »

Thank you to the person whom just replied to me, I'm new to MSE, so am unsure as to how to directly reply, post, etc!?
Anyway, As I am oh on a state Pension, do any of the things you advised me to do, cost a lot of money? I can't afford to hire a solicitor, and my sister knows that, yet she is using my deceased brothers finances to ploy her own legal firm.
Our brother had no wife, no partner. No kids, there are only brothers and one sister...whom is refusing to tell us, show us anything whatsoever.
I can send a copy of our immediate family tree (I'm on Ancestry website regular!) with plenty of ID, just to PROVE as to HOW I am releted to my brother, etc, to her solicitor, but if I, and the other brothers all do the same, is there ANY way that we will not get our share of the estate? As she is using a reputable solicitors...COOPERATIVE LEGAL SERVICES, surely THEY would ensure that the money is shared out lawfully, equally, legally??
Also, if she wanted to be 'awkward', and she was the only sibling out of 4 others, and she decided that to be awkward, she wouldn't agree to sell the house, even if the others wanted to sell our brother's house, could she prevent the sale?
Also, and sorry to push my luck with asking you all these questions!?...but shouldn't she be putting the money from the sales of any expensive items from inside his house, awAy to be split legally and equally?
What about his savings/bank accounts? How do we know if that will be split equally? As she is refusing to show us or tell us anything!?!?

Thanks SO much for your time!

She can't avoid the sale or distribution according to the intestacy rules. You MUST write to the solicitor ASAP telling them what is going on by letter, not email. Also speak to the probate office re a caveat. Not very expensive!