Beneficiary Advice when a parent dies without a Will

charliechaplin1901

Hello all, 
could someone offer me some advice please?
Mum passed away March 2020 (No will)
Dad passed away January 2005
four siblings including myself. (In England)

elder brother applied for probate February this year without consulting myself or other siblings, told us afterwards. 

My elder brother loves the control so we have let him go ahead as we had no option, probate granted. 

The solicitor acting for him hasn’t written any sort of introduction letter. We don’t know who it is. 

Elder brother calls once every three months but no real information given, just the he’s dealing with it. Nothings moved forward according to him. 

Not worried about brother ripping us off or anything because he wouldn’t but we are not close. Just want to know what’s going on and information isn’t exactly forthcoming.
Do Beneficiaries have any rights? 

Can we see full accounts? 

What are the Inheritance tax implications?
family home worth approximately £800k+ 
plus £100k in savings
no debts  

Family Home has not been put on the market and might not be any time soon. 

Any advice would be welcome

mrschaucer

Did dad have a will or did he die intestate?  How was the home owned?

Keep_pedalling

You bother should have wound the estate up years ago, why is the home not on the market?

charliechaplin1901

There was no will when Mum passed away, they were married so everything just passed to Dad.

No idea why he hasn’t put the house on the market!  Initially it wasn’t an issue as we were all upset
He said he will at some point… as I said he likes the control and isn’t close to me or my other siblings, it like his last bit of power🙄 

He said the banks are taking there time releasing any savings to the solicitor. 

With interest rates rising I’m slightly concerned it will slow the housing market and we may all lose out if house prices fall of slightly. 

I don’t want to get into a row with him as he’s quite awkward but still want to know exactly what is going on. 

Thanks for your responses 

charliechaplin1901

🙄
sorry there was no will when Dad passed so it all went to Mum, not sure how to edit on here. 

Keep_pedalling

‘charliechaplin1901 said:

There was no will when Mum passed away, they were married so everything just passed to Dad.

No idea why he hasn’t put the house on the market!  Initially it wasn’t an issue as we were all upset
He said he will at some point… as I said he likes the control and isn’t close to me or my other siblings, it like his last bit of power🙄 

He said the banks are taking there time releasing any savings to the solicitor. 

With interest rates rising I’m slightly concerned it will slow the housing market and we may all lose out if house prices fall of slightly. 

I don’t want to get into a row with him as he’s quite awkward but still want to know exactly what is going on. 

Thanks for your responses 

He is talking a load of spherical objects. Has he actually obtained probate or even started probate? Personally I would be looking to get him removed if he has actually started, if he has not actually started there is nothing you doing it.

is anyone actually living in the house?

Keep_pedalling

Picking up on your tax question, there is a massive issue here. As the second death occurred well before the introduction of the NRB then it is likely that IHT was due on the estate and that should have been paid within 6 months of the death, if so there will be significant interest and penalties to pay.

When the house is eventually sold there will also be a capital gains tax issue to resolve.

thegreenone

Who is the Executor, your brother or the solicitor?  

Savvy_Sue

Keep_pedalling said:

Picking up on your tax question, there is a massive issue here. As the second death occurred well before the introduction of the NRB then it is likely that IHT was due on the estate and that should have been paid within 6 months of the death, if so there will be significant interest and penalties to pay.

When the house is eventually sold there will also be a capital gains tax issue to resolve.

March 2020 for 2nd death? IHT unlikely?

charliechaplin1901

Executor is my brother I think as he applied for probate and it was granted! Found out afterwards! 

House is empty. No one lives in it. 

Doing a very quick search there might be very little IHT if Dads Nil band rate applies then Mums and family home is going to us siblings but not sure on that. 

Just want to know if I have any rights to find out what’s going on? See break down of accounts once it’s all settled. 

Thanks again for taking time to reply.  

Seems like my brother is stretching the process out for some unknown reason. 

lindylootoo

Find out which solicitor he is dealing with and contest his right to be executor.