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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34123
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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This is a question regarding Probate...My Dad passed

Customer Question

Hi,
This is a question regarding Probate...
My Dad passed away last year (22/9/15) and left no will.
The only living relatives of Dad are just my Brother and myself (and typically in these cases we are estranged)! But at least there's no dispute over inheritance.
My Brother had already instructed a Solicitor to undergo the Probate process and after briefly talking to my own Solicitor about appointing him to act on my behalf, he advised it would be much simpler (and cheaper) to work with just one Solicitor and that my Brother wouldn't be able to make any decisions about my Dad's estate without my approval and that I was entitled to receive an inventory of what his estate was.
I have since found on the online Probate search database that my Dad's Date of Probate was registered 11/12/15 as "Grant Only".
Even though I have given all my contact details to my Brother's Solicitor, I had to email them 15/3/16 asking for an update. I received a response the following day stating that my Dad’s house was in the process of being sold! I thought my Brother would need my permission to do so – bearing in mind I am currently overseas and I still have important possessions of mine in that house?
When I contested this with the Solicitor, I was informed that my Brother was the appointed Executor and that I am just a residuary Beneficiary and that he was entitled to solely decide on what to do with Dad’s estate coupled with his choice as to how frequently I should be contacted by this Solicitor?
Can you please help and advise me as I am not being told for how much my Brother is selling my Dad’s house, (I can’t find it listed on any property website anywhere!); plus what has happened to my belongings that are/were in that house?
Many thanks in advance,
Julie
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** I shall do my best to help you.In fact what has happened is that your brother has obtained Letters of Administration to deal with the Estate - which will include dealingwith the sale without consulting youIn fact since there was no Will you COULD also apply for Letters of Administration - which would couse considerable extra expense and difficultyI suggest that you email the solicitor politely and point out this fact and say that you are willing to refrain from doing this provided you receive a full update on what is going on with the EstateI hope that this is of assistance - please ask if you need further detailsClare

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