Probate

elainey60

My MIL died a year ago and my husband and his brother are executors plus her letter of wishes instructed her solicitor to assist with probate there is alot of cash £50,000+ and a property.
The problem is that another brother is living in the house rent free using the utilities and not paying for anything. There is no love lost between the 3 brothers they don't talk to my husband and the brother living in the house is not the executor .
The solicitor has been able to collect the papers together for probate and in Feb he sent out a letter to be signed to send of to the court.
My husband and sent it off but my BIL still hasn't returned the letter some 10 weeks later.
Is the solicitor at fault ? Can my BIL be removed as executor as he is not fulfilling the requests on the will ? And how do we get the brother living rent free out ? There is no provision in the will to say he can stay.

Savvy_Sue

A letter of wishes has no legal standing, but once appointed the solicitor should be following the terms of the will. 

What does the will say? Whoever engaged the solicitor needs to ask the solicitor about next steps. Was this your husband, or the other executor?