Contentious probate

Shelleypt

Sorry if this is a bit long winded.

Mum died intestate as I understand it her estate should be sold and the residual funds spilt between 4 siblings

However sister (A) who is also administrator lives in property is refusing to leave. 

She(A) is under the impression that bc another sibling (D now deceased) wrote a letter day of mum's funeral that they didn't want anything & that the sister (A) cd keep her share of the property she(A)  now assumes she owns 1/2 of the estate ergo 1/2 the house. There was an argument going on at same time the letter was being written & the person  who signed as witness took the letter with her so my sister (D)who tried to contact the signee but got no reply assumed the letter had been destroyed. She (D) had felt pressured to act immediately & not given time to greive & think about her circumstances 

1) can sister A stay in the property even though intestate assets need to be sold

2) if letter is valid & sisterD has refused her share does it go to sister A or in the pot to be shared via all beneficiaries or can sister A husband recant the letter he has her funeral & debts to settle but on benefits working p/t

3) what actions are needed to remove sister A from the property who in my opinion is not behaving as the administrator should  if I can't remove her without a court order can sister A get the property registered with land registry without my signature

Thanks for any help you can give 

SiliconChip

You need to consult a solicitor rather than rely on comments from people who may or may not know what they're talking about in an online forum.

Froglet

I agree with Silicon chip.This could get pretty nasty and you really need expert advice,even if it costs .It just shows the importance of making a will so there can be no arguments afterwards.Siblings should not be arguing at at a time like this,and I do feel for you,having just lost my Mum recently.

Marcon

Shelleypt said:

Sorry if this is a bit long winded.

Mum died intestate as I understand it her estate should be sold and the residual funds spilt between 4 siblings

However sister (A) who is also administrator lives in property is refusing to leave. 

She(A) is under the impression that bc another sibling (D now deceased) wrote a letter day of mum's funeral that they didn't want anything & that the sister (A) cd keep her share of the property she(A)  now assumes she owns 1/2 of the estate ergo 1/2 the house. There was an argument going on at same time the letter was being written & the person  who signed as witness took the letter with her so my sister (D)who tried to contact the signee but got no reply assumed the letter had been destroyed. She (D) had felt pressured to act immediately & not given time to greive & think about her circumstances 

1) can sister A stay in the property even though intestate assets need to be sold

2) if letter is valid & sisterD has refused her share does it go to sister A or in the pot to be shared via all beneficiaries or can sister A husband recant the letter he has her funeral & debts to settle but on benefits working p/t

3) what actions are needed to remove sister A from the property who in my opinion is not behaving as the administrator should  if I can't remove her without a court order can sister A get the property registered with land registry without my signature

Thanks for any help you can give 

1. She can (and she is!) - but the other beneficiaries can take appropriate action to get their share of the estate
2. If D has validly renounced her share (which doesn't sound likely from what you've said), unless she also whistled up a deed of variation leaving it to A, then D's share goes back in the pot for equal distribution
3. Agree with the previous answers - this is where you need to take proper legal advice from a solicitor.

thegreenone

HM Land Registry - Property Alert

Sign up here to keep an eye on the property registration.

Robert_McGeddon

thegreenone said:

HM Land Registry - Property Alert

Sign up here to keep an eye on the property registration.

Thanks for the Land Registry link!

missnosey122

Thank you all now Registered with land registry. I'm supposed to be getting a letter fm her solicitor so will wait & see what she tries to do next 

NCC1701-A

OP seems to have had similar convoluted problems with her siblings from her dad's intestate passing.

https://forums.moneysavingexpert.com/discussion/6300204/death-probate-debts

https://forums.moneysavingexpert.com/discussion/6300747/intestate

https://forums.moneysavingexpert.com/discussion/6314133/probate-intestate

missnosey122

Your right NC1071-A and I apologise for misleading in my other posts  I had originally decided to keep the true family dynamics hidden in case sister A came looking but felt I didn't explain properly & decided to do a new post with correct family members. The problems however are still valid & I thank each of you for your help. I did receive letter fm sister A solicitor asking for mediation to get me to agree to signed my inheritance over to her. This can't happen I'm on means tested benefits so can't sign away a "windfall" (horrible word in the circumstances) while still needing to claim . Have now contacted a solicitor who is checking my response so the saga goes on. Once again thank you for your help

thegreenone

missnosey122 said:

 I did receive letter fm sister A solicitor asking for mediation to get me to agree to signed my inheritance over to her. 

Why on earth would you do that?????  You are rightfully entitled to a share and I'm very surprised A's solicitor is willing to act this way.  I hope your other sibling hasn't been nobbled by A.

missnosey122

Sister A wants to avoid court she lived with parents Solicitor suggesting financial provision or proprietary estoppel. Both myself & sister D are in similar circumstances so she wasn't in a position to refuse an inheritance either (husband now responsible) so thats going to be a problem too.  whether its by sister A or myself Court really is the only option bc sister A can't buy me out.  I need to have a legal decision made bc i cant make a voluntary one. As for sister B being 'nobbled' wdnt be surprised