How long do you have to sort out an estate?

Superfly74

My father-in-law passed away a year ago next week. He left 9 very fiery daughters after their mother passed away about 3 years ago.
No will has been found and one of the sisters has been left in charge to sort out the estate however she has done nothing and appears not to want to do anything as she is living in the family home.
Apparently there is a safety deposit box at the bank and this may contain the will but no one knows who has access and it has been mentioned that a different sister is the only one who can get access to this box. Again no one has tried to see what is in the safety box. Whether there is even a will.
The death of their father has ripped the family apart and really they all need closure and this sorted to move on with their lives. It’s a shame as when both parents were alive it was a vibrant family.
How can this be resolved? Is their a way to get access to the safety deposit box? Is a solicitor neeeded to do this and who would pay for this? Out of the estate? If there is still no will how will this all get sorted? Only certain sisters talk to each other? What about the family home? Can this be sold?
I’m sorry if I am asking a lot of questions but my wife just needs pointing in the right direction. We don’t have thousands to spend on a solicitor but on the other hand this needs to get sorted so there can be some kind of closure.
Many thanks in advance for any advice someone can give us.

GDB2222

I suggest your wife applies for letters of administration, on the basis the deceased was intestate. The other sisters can contest her appointment, so be reasonable, but somebody needs to do something.

Armed with that, she can get into the safe deposit box - the bank must have a procedure if the key is not found - and see if there's a will.

After that, it's just the humdrum grind of administering the estate.

The sisters need to be sensible. If they start contesting the process, the legal fees can mount up extremely rapidly, and they may all be left with virtually nothing.

Flugelhorn

Agree with GDB2222 -

have to assume initially that there is no will and hence get the letters of administration which will enable the box to be opened / accounts to be accessed.

If there is no will then the estate (including house) will be divided according to intestacy ie equally between the daughters

I would perhaps suggest that if there is one other sister who your wife gets on with then they get together and apply - does help to have some support if poss.

Superfly74

Many thanks for the reply GDB2222 and Flugelhorn.

Just a quick one about the letters of administration - does this need to be agreed by any of the other sisters or is it the first one that applies is given the authority?
I think that is the route she will need to go and fortunately she does speak to a couple of the sisters so she should get some support.
After that who knows what is going to happen!!!
Also one of the sisters is now living in the family house. She moved to come here to Uni about 2 years ago and is renting her own property out. So she is living there for free apart from bills. She has now gone and changed the locks. Surely she has no right to do this and should allow everyone access to the family home?
Many thanks

[Deleted User]

Superfly74 wrote: »

She has now gone and changed the locks.

If she's gone, is she still contactable to get a copy of the key? Someone needs to be checking the house regularly.

Flugelhorn

Deleted_User wrote: »

If she's gone, is she still contactable to get a copy of the key? Someone needs to be checking the house regularly.

sounds like she has just changed the locks but still living - not "gone" as in "left"

Superfly74

Yes sorry I meant she has changed the locks but still living there!

Flugelhorn

Superfly74 wrote: »

Many thanks for the reply GDB2222 and Flugelhorn.

Just a quick one about the letters of administration - does this need to be agreed by any of the other sisters or is it the first one that applies is given the authority?

......
. So she is living there for free apart from bills. She has now gone and changed the locks. Surely she has no right to do this and should allow everyone access to the family home?
Many thanks

The order of priority for who applies for LOA is:

Spouse or Civil Partner of the Deceased
Child of the Deceased
Grandchild of the Deceased
Parent of the Deceased
Brother or Sister of the Deceased
Nephew or Niece of the Deceased
Another relative of the Deceased

Will need a death certificate - if you haven't got one then order one from the registrar or GRO

re the property - OK she is paying bills but technically be paying rent at 8/9ths of the commercial rate (or possibly less as she is looking after the place).

Superfly74

Thank you for the advice and I will let my wife know.
This needs to be sorted as soon as possible and at least we can apply for the letters of administration and see where we get.
Just one last question re inheritance tax. I've read that it needs to be paid within 6 months or you get fined or have to pay more? Not sure what all that means.
Also is there a time limit before the government claims the estate?
Or are we under any time pressure for anything?

SevenOfNine

Flugelhorn wrote: »

sounds like she has just changed the locks but still living - not "gone" as in "left"

I was just going to point that out...!!!8230;!!!8230;..once I'd finished laughing!:rotfl::rotfl::rotfl: Easy mistake to make but it was funny.

For OP though, I'm not sure I'd like to push partner into dealing with this at all. Though obviously it has got to be moved forward so it might be better if she gathers together the sisters that 'speak', & suggest grouping together to apply for LoA.

Frankly I can't even think of a monetary figure that would entice me to go out on a limb on my own & deal with 9 feisty sisters.

No Will, so no 'left in charge'. The house squatter may have taken on the role along with the house - but that doesn't give her the 'right' to do so.

Who has the death certificate, because if funds are under each financial organisations limit that can be used to close accounts & obtain them. Yes, a disclaimer is signed but this sister hasn't hesitated to move in & change locks, so can't be trusted. Have you told the bank with the safety deposit box of the death?

Is this a step family mix of siblings?

Superfly74

No it is not a step family. Just 9 daughters!