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Will and Probate issues
Comments
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I don’t think there is any problem with the will so the OP has some breathing space to sort out a new home. As there are not sufficient liquid assets to pay a solicitor to handle the estate then the OPs sister taking on the probate application makes sense.
Was your mother a widow? If she was only probate will be required if not then an IHT return will be needed to claim the residential NRB.
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The OP first post on this subject was 14 months ago so they really need to be actively looking finding a new home ASAP as they only have 10 months to sort this out.
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My mil only passed in June 26. Money stuff came up before and we were seaking advise before because my wife has the will and was POA.
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She was a widow thanks
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Apologies, I obviously got that wrong.
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My only comment is that the will is clear that the OP and spouse need to have vacated the property on or before the expiry of the 2 year period.
Two years can pass surprisingly quickly, so OP should be planning their exit long before, especially in the light of pressure from other beneficiaries. Minimally the executor will expect and is legally entitled to an empty property at the two year anniversary.
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I also lost my Mum in February and broke my own health several times doing too much caring in the last few years, so I absolutely understand where you are at currently.
That said, moving is very stressful and takes time, you know you need to be out by a certain date, so I would give yourselves 6-12 months to recover after which start deciding on what comes next for you, begin decluttering, drawing up lists etc.
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OK, you have a very clear deadline to return the property with vacant possession.
You also need to start thinking about what you jointly want for the future. Probably by Christmas this year you might want to decide whether you hope to use the inheritance to buy your own property? Or do you intend to rent long-term.
It might be difficult to manage but if you want to buy then getting MIL's property on the market and tying in sale and purchase may be cost effective. If you want to rent, assume it will take time in the current market if you haven't got references from recent landlords.
It might also be politic to start discussing with the other siblings the identification MIL's personal belongings, personal items people might want as mementoes and de-cluttering ahead of appointing estate agents. It's the administrator's legal responsibility but you need to co-ordinate access.
We're getting reports here of simple probate applied for on-line being granted in a few days rather many months.
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