Update on Estate administration

Sea_Shell

I don't blame you for not walking away from a sizable (potential) inheritance.

At those figures, I'm not sure I would either.

But it does sound like it's going to be a battle, which, unless he suddenly has a personality transplant, is likely going to be long, expensive and emotionally draining. ☹️

Do you have any other family in your corner?
How old are your children, adults?
A support network, inc good friends?

Hopefully you have people you can lean on, for moral support, and a hug when you need one.

  

BreakfastTea18

Yes it will be long, difficult and draining but I am prepared for it, I've been through much worse and I'm no stranger to the civil legal system, it's my job albeit another field. 

My adult kids are 100% in my court and we'll do this together. 

For me it's not about the money; it's as much about making my brother realise that he is not above the law and can't subvert the process just because he thinks something should happen the way he wants it to.

This is partly how my mum ended up with such a complex and often unlawful situation regarding the interwoven affairs of her property and the business use, she was taken advantage of considerably without understanding the consequences of not doing things lawfully. 

My brother would tell her everything was being taken care legally  but in reality it was becoming more complex and messy with an outcome that was never going to be easy to achieve in terms of unpicking everything. 

BreakfastTea18

I just thought I'd post a quick update for anyone interested -
Briefly - mum died intestate, property and separate half acre of land on which family are running a business without planning permission. Originally had permission from mum, permission ceased on her death 

After months of litigation with my brother at costs that fell outside the scope of the estate he has finally agreed to Jointly Instructed Solicitors to act for us both due to no other option available to him.  Established legally he has no enhanced claim on the estate, which I knew all along. 

He did try and renege on this  initital proposal to instruct joint solicitors as he refused to work alongside me to obtain the grant.

He then made a substantially low offer to buy my share but this was rejected (he didn't bother to get any sort of market appraisal) and the next day the budget delivered the gift of the increased Second home stamp duty. This would mean him finding an extra 30 - 40k to buy out my interest, plus legals.

Application will be made under S116 to remove us both from applying for the Grant in favour of Solicitors.

It has been long, painful, expensive and unnecessary to get to where se should have been months ago. The house is falling into significant disrepair, damage is being caused by the illegal occupants and I'm.yet to properly grieve for my late mum. 

BreakfastTea18

Just thought I would further update on my late mother's intestacy issues which lurch from the absolute ridiculous to the unimaginable.

The property now has a lodger/tenant/squatter.

 Invited to live in there by my brother who appears not to have furnished him with the full facts. Probably told the bloke he owns the house or some such nonsense.  He moved in huge amounts of stuff - the once empty garage is now full.

After losing my rag with the jointly Instructed Solicitors who were proposed last June, they have finally confirmed they have now applied for Letters Of Administration. Only 10 months after they came on board to sort this mess out. 

 No idea why it has taken so long, they weren't communicating with my solicitor on the matter. I've now disinstructed him to manage things on my own. 14 months of having legal representation has borne very little for me except huge bills; However a ranting  email to the Joint Sols seemed to focus their minds somewhat. 

I let them know the occupant has no tenancy, the property is uninsured and should he Injure himself on the highly dodgy electrics, it will be his own folly and nothing to do with me. The LA have also been made aware for CT purposes

Until the grant is made the Sols have no power to evict him. I can't either as I'm not the landlord or owner. 

With regard to the land, the application for planning consent for business use was refused (my nephews have been running a business on the separate acre of land at the back of the property) 

They can appeal but due to the nature of the operation they won't succeed. An appeal will just buy them time but will likely result in significant costs as their appeal is merit less. 

So 14 months of stress, upset, costs and being unable to grieve for my late mum has really taken its toll on me. I don't see an e d to this for a few years yet. 

madbadrob

Did your nephew live with your mother prior to the death or did they claim he moved in after death?

If the latter then it should be a straightforward case to the courts for eviction as he technically is squatting but this would require a grant of Admon as none of you technically own the land or house till they do.  

It seems the brother is opposing your right to  obtain admon unless a second administrator is put in place that he agrees to.  This he can do although im sure a solicitor could fight this in the probate court especially as it seems you can show that your brother is being vexatious.  I am also pretty sure the Probate court can issue admon to just you anyway but that would be better discussed with your solicitor.  

Have you spoke to the nephew and asked them their views?  Its possible they are being lied to by the father and a quick informal chat to them could reesolve this but Id not hold my breath.

A final alternative would be for your solicitor to ask his solicitor if a thirrd party solicitor would be acceptable to obtain and distriubute all assets pay bills etc Of course this adds a third set of legal fees into the equation but it may be an acceptable alternative.  Its clear he isnt going to let you administer it without a fight anyway

Rob