Grant of administration/intestate

tiamariaefc

Ok, i have some issues i need help with, or possibly someone who has been through this and can give me a happy ending story.

So my sister died intestate Feb 2021, she has 2 children 13 and 17, and was single. Her home is her own but she has a large mortgage outstanding. At the time of her death and in the months leading up to this, she was under the impression as she had no life  insurance her home would be repossessed by the mortgage company. She had no savings and cashed her 2 small pensions in to pay some debtors off etc, last year.  I her sister and our mum dealt with everything from closing her bank accounts to organising and paying the funeral bill. Her mortgage was put on hold while we applied for the letter of administration. Our intention was to sell the property to allow the 2 children to have some money held in a bank/trust. Enter the ex from over 13 years ago (the children's father), he wasn't happy with the way things were going ie the car going back to the dealer (HP owing) and things being taken from the house, mainly her paperwork, and other small items of sentimental value, ie photos, while her house was empty and locked up. Everything was done with the children complete knowledge and their say so at the time. All with the understanding that it is held in storage until a time where we can decide what they need or want. 

Then the locks where changed and a car put on her drive blocking the garage, we had submitted to administration letter to the probate office and have learnt this week that a caveat has been entered. I have issued a warning yesterday giving him time to give reasons for this caveat. Her virgin media has been restarted by him at her address in order to run cameras to monitor us. We have successfully got them to switch these services off in a weeks time, given he doesn't/hasn't lived at the property.

Now my question is what next? Her home is depreciating in value given the interest is over £250 per month. Ideally we want to sell the house now while we can get a good price for it, pay off the mortgage before anything bad happens. We have done a will search even though we discussed everything with her and know her financial matters more than anybody, and know she didn't have one. 

Please also bear in mind, we had been her main carers for a long time, dealing with all her appointments, treatments, cleaning, cooking, dealing with the children's school. We was with her every step of the way, in and out of her house constantly as she had to isolate almost all year. We knew what she liked and didn't like, and know this isn't what she would want, an ex who she didn't really speak much to other than the children, going through all her personal belongings. The law surely has to be on our side?

Has anybody had an experience like this and can pass on any knowledge?  

Thanks for reading....

RAS

Was she married to her ex-partner? Ever, or at the time of her death?

tiamariaefc

Never married to him, he left her in 2005/6.

RAS

Thanks.

Is he the father of both children?

tiamariaefc

Yes although I believe my mother is the oldest child’s legal guardian as he was born before  December 2002.

RAS

How long until the eldest's 18th birthday?

tiamariaefc

November 2021.

RAS

Hi, please take the exact date out to ensure privacy.

It's not as if in the very short term the eldest could administer the estate. Although they could do so within a reasonable time span.

Minors cannot inherit personally so the estate is held in trust. If there is a surviving parent, it is usual for to be them to become trustee.

Real pity your sister didn't have will naming an executor.

tiamariaefc

I believe the caveat has been issued with the purpose of delaying for him to have a good say in what happens to any inheritance.

tiamariaefc

RAS said:

Hi, please take the exact date out to ensure privacy.

It's not as if in the very short term the eldest could administer the estate. Although they could do so within a reasonable time span.

Minors cannot inherit personally so the estate is held in trust. If there is a surviving parent, it is usual for to be them to become trustee.

Real pity your sister didn't have will naming an executor.

She possibly would have done one but she died unexpectedly, although she had a terminal diagnosis she thought she had longer. 

I don’t understand how a unmarried ex partner has any say in how this unfolds. If all we want is to get the children some inheritance, surely his motives are greed?

RAS

You don't know what his motives are. But legally, he is the guardian of at least one of the beneficiaries, so has a legal  interest in ensuring that child's future.

He may also be annoyed that his ex's family were doing everything without informing him.