Estranged sibling

[Deleted User]

I’ve been estranged from my brother since our father died intestate last year. His son and daughter-in-law are renting my father’s bungalow. Rent money is going to the estate. 

Probate is due June/July and the majority of the estate is tied up in the property. How to deal with ensuring myself and my brother receive equal shares of the estate? It’s very stressful as we have had nil communication. 

TIA for any advice. 

Ganga

Have you seen a copy of the will? do you know what you are due to inherit? Who is doing the probate ?

Keep_pedalling

Ganga said:

Have you seen a copy of the will? do you know what you are due to inherit? Who is doing the probate ?

There was no will he died intestate.

Keep_pedalling

Deleted_User said:

I’ve been estranged from my brother since our father died intestate last year. His son and daughter-in-law are renting my father’s bungalow. Rent money is going to the estate. 

Probate is due June/July and the majority of the estate is tied up in the property. How to deal with ensuring myself and my brother receive equal shares of the estate? It’s very stressful as we have had nil communication. 

TIA for any advice. 

Are you handling the estate on your own or have you applied for letters of administration jointly?

xylophone

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


You seem sure that Letters of Administration will be granted within the next couple of months.


You also say that you have had no communication with your brother.


You have applied to be the Administrator?  Are you collecting the rent from your nephew and his wife and holding it in a separate account?

[Deleted User]

A probate company is collecting the rent and has applied for letters of intestacy in my name because my brother didn’t respond to any communication from them. I guess that means the probate company is the administrator?

Keep_pedalling

Deleted_User said:

A probate company is collecting the rent and has applied for letters of intestacy in my name because my brother didn’t respond to any communication from them. I guess that means the probate company is the administrator?

Sounds like it, are they also going to get the tenants out and sell the property for you? I don’t think you need to worry about equal distribution of the estate the probate company will do that after taking their fees. I would be more more concerned about getting the tenants out so it can actually be sold.

[Deleted User]

Keep_pedalling said:

Deleted_User said:

A probate company is collecting the rent and has applied for letters of intestacy in my name because my brother didn’t respond to any communication from them. I guess that means the probate company is the administrator?

Sounds like it, are they also going to get the tenants out and sell the property for you? I don’t think you need to worry about equal distribution of the estate the probate company will do that after taking their fees. I would be more more concerned about getting the tenants out so it can actually be sold.

Yes that is my main concern, I will ask them. Thanks for the advice. 

RAS

Deleted_User said:

A probate company is collecting the rent and has applied for letters of intestacy in my name because my brother didn’t respond to any communication from them. I guess that means the probate company is the administrator?

Make absolutely sure the probate company fully understand and have complied with all the legal requirements for letting, or they will never get them out. At the moment it looks like even the first steps take the best part of a year.

I'd suggest that you go over to the housing forum and read up on their stickies for landlords, so you know what questions to ask. 

Mojisola

Deleted_User said:

A probate company is collecting the rent and has applied for letters of intestacy in my name because my brother didn’t respond to any communication from them. I guess that means the probate company is the administrator?

If they are applying in your name, surely you are the administrator?

That's how I did it with Dad's estate - I employed the solicitor to do the work but I was the executor and had to sign off on all the paperwork.

[Deleted User]

Mojisola said:

Deleted_User said:

A probate company is collecting the rent and has applied for letters of intestacy in my name because my brother didn’t respond to any communication from them. I guess that means the probate company is the administrator?

If they are applying in your name, surely you are the administrator?

That's how I did it with Dad's estate - I employed the solicitor to do the work but I was the executor and had to sign off on all the paperwork.

Yes, apparently I am the administrator and will become the landlord when probate comes through. The house cannot be sold without my brother’s agreement.