No will, intestacy

katie4

Dad passed earlier this year his sister my aunt applied for administration letter on her own for her mums house )my Nan’s) 

We understand under intestacy that it should be 50/50 to both my nans children (my dad and my aunt) it will now form part of his estate. But we’re not on speaking terms. I have called the solicitor she is dealing with who told me I’d need a contestancy solicitor as they just deal with the house sale all funds will go to her as she is administrator so what if she doesn’t want to share the house sale funds as she should? 

elsien

It’s a little early to be contacting a solicitor about a dispute when you have no clue how things are going to turn out. 

If the solicitor she has contracted is purely dealing with the house sale, for example,  it would be normal for the proceeds to go to her to then be distributed according to the rules of intestacy and it doesn’t automatically she will try and keep the lot. 

They can’t  give you any information because they are not working for you.
Probate  sales can be notoriously slow and it is probably too early to be expecting her to be ready to distribute anything, even if she is planning on doing it correctly.

I don’t speak to my father, but he still did things properly when he was distributing my grandmother’s estate. Do you have any reason to believe that your aunt won’t do the  same?

mattojgb

Bit confused. When did your nan die and what has happened with her house in the meantime? Did both your dad and nan die without leaving wills?

Alderbank

Who died first, your dad or your nan?

If your dad was still living when his mother died intestate, the proceeds of selling her house and other possessions less any IHT due would be shared equally between him and his sister and if he has died before distribution then his share would indeed become part of his estate.

However if dad died before his mother, his share does not pass to his estate. It passes directly to his children, that is you and your siblings. The difference is important if his estate was insolvent.

As @elsien says you might be jumping the gun, it doesn't sound as though the house sale is completed yet. Perhaps instead of not speaking, this might be a good time to rebuild bridges?

Brie

mattojgb said:

Bit confused. When did your nan die and what has happened with her house in the meantime? Did both your dad and nan die without leaving wills?

Confused here too.....

If Nan died and had a will and left the house to your dad then it has nothing whatsoever to do with your aunt.  Doesn't matter if Nan said to Aunt "don't worry "Dad" will give you a share" because unless he has a will to state that it doesn't apply.  You might be nice and agree that she gets a share but that's up to you.  

You may just need to buck yourself up and talk to your aunt.  Maybe there's good reasons you feel you can't but it may save you a huge amount of money in the long run.

katie4

elsien said:

It’s a little early to be contacting a solicitor about a dispute when you have no clue how things are going to turn out. 

If the solicitor she has contracted is purely dealing with the house sale, for example,  it would be normal for the proceeds to go to her to then be distributed according to the rules of intestacy and it doesn’t automatically she will try and keep the lot. 

They can’t  give you any information because they are not working for you.
Probate  sales can be notoriously slow and it is probably too early to be expecting her to be ready to distribute anything, even if she is planning on doing it correctly.

I don’t speak to my father, but he still did things properly when he was distributing my grandmother’s estate. Do you have any reason to believe that your aunt won’t do the  same?

100% believe she will not distribute. She is very selfish and we haven’t spoken for some time she had sold the house without even mentioning it was even up for sale 

katie4

mattojgb said:

Bit confused. When did your nan die and what has happened with her house in the meantime? Did both your dad and nan die without leaving wills?

Nan died years ago but house not in land registry as owned by family for generations dad had deeds but wouldn’t give them to my aunt when she passed I handed them over to her. Dad had a will yes but don’t see why that’s got to do with anything 

katie4

Alderbank said:

Who died first, your dad or your nan?

If your dad was still living when his mother died intestate, the proceeds of selling her house and other possessions less any IHT due would be shared equally between him and his sister and if he has died before distribution then his share would indeed become part of his estate.

However if dad died before his mother, his share does not pass to his estate. It passes directly to his children, that is you and your siblings. The difference is important if his estate was insolvent.

As @elsien says you might be jumping the gun, it doesn't sound as though the house sale is completed yet. Perhaps instead of not speaking, this might be a good time to rebuild bridges?

Nan died first. 

katie4

Brie said:

mattojgb said:

Bit confused. When did your nan die and what has happened with her house in the meantime? Did both your dad and nan die without leaving wills?

Confused here too.....

If Nan died and had a will and left the house to your dad then it has nothing whatsoever to do with your aunt.  Doesn't matter if Nan said to Aunt "don't worry "Dad" will give you a share" because unless he has a will to state that it doesn't apply.  You might be nice and agree that she gets a share but that's up to you.  

You may just need to buck yourself up and talk to your aunt.  Maybe there's good reasons you feel you can't but it may save you a huge amount of money in the long run.

Nan died no will. Her children; my dad and aunt. 50/50 split but dad has now passed so I assume she will not want to distribute anything to us even though it’s now part of his estate funds will be paid to her for her to distribute (but i know her and she won’t)

katie4

House isn’t worth much £80k maybe be care home fees, council tax to come out of it but this isn’t about the money my father was adament before he passed that his share be passed down to me

GrumpyDil

Can I suggest you write to your aunt just to make contact, maybe ask if there is anything you can do to help and ask if she has any view on when she may be in a position to distribute the funds. 

Appreciate it may be difficult but from experience of contentious probate in relation to my mother's will a chunk of any money from your nan's estate could easily be largely swallowed up in legal fees if you go in all legal.