No Will - Advice needed

FieryPrincess

Hi, I'm looking for some advice, and hoping you may be able to help me.

Whilst researching my family tree, I found out that my estranged half sister had died two years ago. There was a notice in the Gazette to contact the solicitors who were dealing with her estate as she had died intestate. So I did.

I've since spoken with the solicitor and proven my identity to be told that I am entitled to my sisters estate. But, before I contacted them there was a cousin who was claiming the estate as he told the solicitor that he was the closest family member, even though he was aware of me.

He has been granted probate, house is now in his name as a personal representative, although the solicitor holds cash in their account.

Solicitor is advising me to make a deed of variation to share estate with the cousin. I've asked the solicitor some questions, but she's not coming back to me. So I'm unsure what to do next?

Can I ask my cousin for the keys to the house? Do I have to apply to be an administrator? Who is now responsible for the house, etc.

Sorry it's so long winded, and thank you for reading

RAS

A deed of variation has to be done within 2 years of death. When exactly did your sister die?

And I'd suggest you speak directly to the Probate Registry, and @Land_Registry may have something useful to say.

Keep_pedalling

Probate has already been obtained, and I find the advice from your solicitor is very strange as your cousin has zero claim on the estate. They knew of your existence so transferring the house into their name is basically theft.

What was the exact date of death?

I would recommend you employ your own solicitor to pursue your claim with the executor. 

Flugelhorn

OK if probate / admin has been obtained so long as the estate has not been distributed - do you want to share with your cousin? It is all yours anyway and really they should hand it over. 

Land_Registry

RAS said:

A deed of variation has to be done within 2 years of death. When exactly did your sister die?

And I'd suggest you speak directly to the Probate Registry, and @Land_Registry may have something useful to say.

Not too much I can add other that if the executor/personal rep as named in the probate has been registered as such on the land register/title then they are now 'responsible' for dealing with the house for example selling it or transferring it to a beneficiary.
It's rare for someone to register themselves in that capacity as invariably they sell or transfer the property as part of their remit as personal rep. The fact that he hasn't might offer some reassurance but as others have posted it's the wider issues you need to resolve and do seek legal advice as the details will matter here 

madbadrob

Intestacy as set rules and unless there is a closer family member then you are entitled to the whole of the estate.  Firstly have you checked https://probatesearch.service.gov.uk/#wills  to find out who was granted letters of admon for the estate?  If not that should be the first thing you do.  It will take 10 working days for you to get that document back.  During that time I would contact a solicitor because no matter your entitlement the fact the house is now in the hands of your cousin they probably are not going to hand it over without a fight

once you have the answer as to who was granted probate your solicitor will then be able to start proceedings to recover the house and estate you are entitled to.  

NOw here is where I am struggling.  You say that the solicitor is suggesting you sign a deed of variation to share the estate.  Firstly why?  There is no requirement for you to do that and they know this.  TYhey should have advised you that you would need a solicitor as they can not act for you if the cousin instructed them.  If they are the ones to obtain the letters of admon then they are probably trying to save themselves some issues in relation to the estate. the fact they are now not answering you I am not surprised.

Ohhh as I typed I wonder.  What is the name of this solicitor?  I am wondering if they are in fact a probate firm although I do know you said the gazette article said contact the solicitor.

One final thing I would as a matter of course is id contact the land registry and ask if there is anyway you can put a caveat on property that is rightfully yours however letters of admon have been granted to a cousin who has no right to the estate and they have the keys etc to the property.  I know there is a form LL however that doesnt fulfill the intentions in this case.

Seek legal advice as a matter of urgency because they could sell that house as it stands.  

Rob

Land_Registry

madbadrob said:

One final thing I would as a matter of course is id contact the land registry and ask if there is anyway you can put a caveat on property that is rightfully yours however letters of admon have been granted to a cousin who has no right to the estate and they have the keys etc to the property.  I know there is a form LL however that doesnt fulfill the intentions in this case.

Seek legal advice as a matter of urgency because they could sell that house as it stands.  

Theres nothing to contact us for as the OP is already aware that the executor/administrator is already registered on the title in that capacity. 
There's no 'caveat' you can put on the register to protect your own beneficial interest. If you have a valid legal claim to the estate then that should be your direction of travel through legal action as appropriate.
If you are worried something significant might happen such as a sale then use our free property alert service to ensure you are notified if a significant application is made against the title number you have. The alert doesn't give you any powers to prevent such an application but at least you are then aware and also have a point of contact should you wish to challenge the position - Property Alert - GOV.UK
And again Yes re seeking legal advice 

jules737

FieryPrincess get legal advice, it sounds really suss. There are lots of contentious probate solicitors who will offer a free consultaion to get you started. 

madbadrob

Land_Registry said:

madbadrob said:

One final thing I would as a matter of course is id contact the land registry and ask if there is anyway you can put a caveat on property that is rightfully yours however letters of admon have been granted to a cousin who has no right to the estate and they have the keys etc to the property.  I know there is a form LL however that doesnt fulfill the intentions in this case.

Seek legal advice as a matter of urgency because they could sell that house as it stands.  

Theres nothing to contact us for as the OP is already aware that the executor/administrator is already registered on the title in that capacity. 
There's no 'caveat' you can put on the register to protect your own beneficial interest. If you have a valid legal claim to the estate then that should be your direction of travel through legal action as appropriate.
If you are worried something significant might happen such as a sale then use our free property alert service to ensure you are notified if a significant application is made against the title number you have. The alert doesn't give you any powers to prevent such an application but at least you are then aware and also have a point of contact should you wish to challenge the position - Property Alert - GOV.UK
And again Yes re seeking legal advice 

Thank you for clarifying that which is what I thought but didnt want to give incorrect information out.  Therefore I think and as you youraelf stated the only way for this to go is a solicitor as a matter of urgency.

Rob