Taking too long!

macman

If the care home fees have been settled, then there is no problem in starting the distribution. If the bill was correct, there will be no further debts. If it was overcharged, then there will be some further assets to distribute once a refund has been agreed.
If your sister has relinquished her rights as administrator/executor, then your BIL is the only person who can move this forward.
Have you each been left a 1/3rd share of the property itself, or a 1/3rd share of the proceeds of the estate? It's not clear.
You can contact any solicitor you like, but the one who drew up the will will not discuss it with you, other than to confirm that you are a beneficiary. 

p00hsticks

macman said:

If your sister has relinquished her rights as administrator/executor, then your BIL is the only person who can move this forward.

But could/should it have been possible for her to do that ? My understanding is that if you are an executor you can carry out the task yourself, choose to appoint someone to help you in the task, or you can decide to relinquish your role as executor. But if you choose the last option, you can't then simply nominate someone else of your choosing to take your place - there is a 'pecking order' of those who would be in line to then  apply for 'letters of administration (with will attached)' and the OP and their sibling, as equally close blood realtives, would be next in line while I can't see that the brother-in-law woudl have any claim

That's one reason why I asked the OP who is actually named as executor / administrator on the grant of probate...

Pennylane

Silvertabby said:

Pennylane said:

Littleblackdog47 said:

Many thanks for your replies! My sister is executor but has appointed my brother in law as administrator. Myself and my own brother live abroad (me in USA and him in Japan) the legacy is mainly one property which my sister has decided to keep and rent but my brother and I wanted our 3rd of the property in cash as soon as possible. My mother was also in a nursing home and my brother in law is disputing the total costs of that care with the local council. Just a few things that aren't adding up so wondered whether I could contact the solicitor who handled my mothers will direct if I do not receive the answers required from my brother in law? Thanks. 

I don’t think the solicitor will discuss anything with you as you are not his client.

The nursing home fees are most likely correct.  Your Mum was probably paying around £1300 a week. People don’t realise how expensive it is.  You say she owns her house so the council would not have been involved as she would have been funding her care herself.  

If there were/are no cash assets, then it is possible that the nursing homes fees were deferred pending the sale of the house.

When a friend's m-i-l moved to a nursing home her only asset was her house.  The council paid her full fees on the basis that they would be reimbused from the house sale.

You are correct SilverTabby.  I had forgotten there was that option.  We decided to sell my Mum’s house to pay her care home fees and deferred payments were mentioned but I was put off because you pay interest on that and you never know what kind of tenants you get if you rent it out.  Thanks for that.👍