Relative in care home

GDB2222

It’s a bit cynical to say this, but it is not in the OP’s interests to find a will.  If there’s no will, the intestacy rules apply, and as the sole sibling the OP is entitled to everything.  

SVaz

Well after Brother’s care home fees,  there might not be any estate to inherit.   

If intestate then there could even be another relative more entitled to take over administration,  OP could end up a bystander. 

 If SiL has a sibling or Niece/Nephew - they would be entitled to deal with the Woman’s estate.   As far as I know Inlaws are not entitled to do it unless no direct relatives. 

The LR issue needs checking out urgently though and anyone can pay for the info. 

Not registered or not jointly owned could turn into a nightmare.  

My neighbour with dementia hung on for a decade in a home,  cost her Husband over £500k,  all had left when he died was his house, which he let get into a terrible state.  It’s still empty and it looks like his two Daughters are going to leave it to fall down. 

RAS

The person entitled to deal with SIL's estate is her husband unless others were appointed in her will. The fact that he's in a care home doesn't change that.  Her nieces or nephew's would be not be considered appropriate executors, unless they appointed by the will.

If Murphybear wishes to become the husband's deputy, then they will have a duty to manage his assets solely in a way that benefits the husband. That same duty would fall to any other person who took on the role.

It costs £7 to download the deeds at the Land Registry. If they bought the house as newly weds it's possibly that the house is in his sole name. If it's not registered, there are other complications but title can usually be proved sufficiently to sell the house.

SVaz

So, OP has to find out if the house is registered first and foremost and then get deputyship for her Brother, then administer the Wife’s estate on his behalf . 

This could take a couple of years to unpick if there’s intestacy thrown in the mix, deputyship could easily take a year to get. 

OP needs to consider whether she really wants to involve herself in this mess,  not to be cruel but he could die before it’s concluded. 

RAS

SVaz said:

So, OP has to find out if the house is registered first and foremost..

Checking the registration takes minutes.

..and then get deputyship for her Brother,

No reason not to apply immediately for DWP appointeeship. That means the OP can start managing his money, get a financial assessment. Then start the deputyship process with collaboration of Social Services.

..then administer the Wife’s estate on his behalf . 

Checking for wills means going through the house thoroughly. The OP can't simply administer SIL's estate if someone other than the husband is appointed executor, unless they renounce.

Once she has deputyship, she can  administer the estate if husband is executor or SIL is intestate.

This could take a couple of years to unpick if there’s intestacy thrown in the mix, deputyship could easily take a year to get. 

OP needs to consider whether she really wants to involve herself in this mess,  not to be cruel but he could die before it’s concluded. 

A few extra steps in bold, but some can be operate at the same time.

The process beyond notifying Tell Us Once, includes contacting the Council re CT, insurance, private pensions etc.

Beyond that the process depends on registration, or not, ownership and wills. With registration and sole ownership, finding wills or confirming intestacy is the sticking point. With wills and non-registration, it depends on who the executor(s) are, and locating the deeds is now vital. 

And please, make sure her own will appoints some younger people, and get her own LPA in place if not done already.