One beneficiary is living in the family home . Will shares the property to the three children .

RAS

Luton

At the risk of flogging a dead horse. By law, you do not own a property worth £100K. It is still legally registered in your mother's name and until probate is granted managed by "the estate of Lutontown1's mum" which is a legal entity.

Your mother only died recently and it takes time to sort things out. Creating a tenancy really isn't a good idea if you want your sister to move out quickly once probate is granted. It's actually a bad idea.

And any income would not be coming to you before probate anyway, by law. 

LUTONTOWN1

RAS said:

Luton

At the risk of flogging a dead horse. By law, you do not own a property worth £100K. It is still legally registered in your mother's name and until probate is granted managed by "the estate of Lutontown1's mum" which is a legal entity.

Your mother only died recently and it takes time to sort things out. Creating a tenancy really isn't a good idea if you want your sister to move out quickly once probate is granted. It's actually a bad idea.

And any income would not be coming to you before probate anyway, by law. 

              But you do see my point ?  We accept that nothing will happen quickly ,in fact I will be better off  financially  if It was not settled until I retire . But I  just need my sister to realise to forfil   the terms of the Will  the assets of the estate should be disposed of to enable equal distribution of  estate assets to the three beneficiaries .  

RAS

No, you need your brother and sister to act effectively as executors.

You may have a snotty email in response to your demand, but you don't know what is actually happening.

It appears that you and sister don't see eye to eye?

Give it a month and ask your brother very gently when he expects to apply for probate? When you get that response, you can decide whether further action is needed. If he says sister is doing it all, send her the same very brief request. If they are doing nothing, then come back for advice.

RetSol

I got a copy of the will today . Does not state that it was my mum wish for my sister to remain in the house . However my sister has stated quite plainly it is her invention to do so .

I put it  in place because I feared that my sister had influenced my ill mother against me and had me removed from the will . I only just this afternoon got a copy of the will .   I needed confirmation that the estate was to be split equally 3 ways .

I would have been able to contest the Will,  as my mum had dementia .But irrelevant now that I have actually seen the Will .  I have no grounds to contest it now . But still leaves the problem of her intention to remain and therefore preventing the disposal of the estate .

These posts led me to believe that probate of the will has been granted.  Could @LUTONTOWN1 confirm either way? 

RAS

Mum died in January, so it's unlikely probate has been granted, given other people's experience of delays.

But it would be good to  confirm exactly what the situation is.

Manxman_in_exile

RetSol said:

I got a copy of the will today . Does not state that it was my mum wish for my sister to remain in the house . However my sister has stated quite plainly it is her invention to do so .

I put it  in place because I feared that my sister had influenced my ill mother against me and had me removed from the will . I only just this afternoon got a copy of the will .   I needed confirmation that the estate was to be split equally 3 ways .

I would have been able to contest the Will,  as my mum had dementia .But irrelevant now that I have actually seen the Will .  I have no grounds to contest it now . But still leaves the problem of her intention to remain and therefore preventing the disposal of the estate .

These posts led me to believe that probate of the will has been granted.  Could @LUTONTOWN1 confirm either way? 

I read it to meant that the OP simply got a "copy" of the will from his sister or possibly brother - not from probate.  It might not even be the will...

Manxman_in_exile

LUTONTOWN1 said:

... Unfortunately I have to live on benefits until my retirement  in 1 1/2 years , so is my brother . He is working , but will be receiving housing benefits etc , is that right when technically we own property worth 100,000 ?         

Hate to ask this question because I'm not familiar with the benefits system, but does the bequest from your mother affect your (and your brother's) benefit entitlements?  And if it does, is it from when probate is granted or from date of death?

RetSol

Hate to ask this question because I'm not familiar with the benefits system, but does the bequest from your mother affect your (and your brother's) benefit entitlements?  And if it does, is it from when probate is granted or from date of death?

And does what about the sister and her son?  We know nothing about their circumstances but the potential effect on any benefits which they receive may be part of the picture. 

RetSol

It might not even be the will...

Exactly....

RAS

The benefits issue doesn't kick in until after probate is granted.

However if the assets are illiquid, I think it's not until they are available providing they are not being deliberately kept from use. Although it's also possible that those in receipt might have to repay some benefits received after probate.