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Buachaill, Barrister
Category: Family Law
Satisfied Customers: 13353
Experience:  Barrister 17 years experience
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My mother died three weeks ago without a will leaving me and

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My mother died three weeks ago without a will leaving me and my brother.
Her assets are a £250K house.Sadly my relationship with my brother is nonexistent and we don't speak.Since she has passed away, my brother has changed the front lock to the house and not letting me inside and applied for probate.He has told me everything with her assets will be open and fair, i believe him about 80%.I have two options i feel i have, write him a letter demanding a key to the house and information on who is the solicitor,Or file for Caveat, i am not working and have limited funds, reading that if this goes to court it can get expensive.What rights does he have stopping me from going into my mother's house? if he keeps stopping me from going in, can i stop him from going inside?on one hand, i would like to sit back and let him deal with everything, but on the other hand, him stopping me from going to my mother's house has made me angry, he is not even keeping me up to date, my father is letting me know what's happening (divorced my mother years ago).What are my legal rights right now to my mother's house? can i enter it? what rights does my brother have to stop me from entering the house?my brother is treating me like i dont exist! i am wanting to be kept informed on what is happeningthank you

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Customer: replied 5 days ago.
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Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  If you want to be the one in this situation with your mother dying who controls what happens, you need to take out the Grant of Probate to the estate of your mother and become the Administrator of her affairs.  That would then allow you to deal with the house and handle her affairs including her estate.  From what you have said, this is the role which your brother has taken on and as a result, he can stop you entering your mother´s house, because he is the Administrator of the estate, or clearly intends to be.  Be aware that it is the first who extracts a Grant of Probate who is made the Administrator.  So, it is essentially a race to see who gets there first.  However, you should also consider dealing with your brother so that he allows you access to take away any private mementos of your mother.   I would suggest you do write  a letter asking for a key and asking who is solicitor if you don´t decide to take out Probate yourself.  However, if your brother is Administrator, then he will decide what happens to the house.  Be aware that you will ultimately be able to access the house because under the rules for intestacy, the house has to be put in the joint names of the two beneficiaries, which are you and your brother.

2.  If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Customer: replied 4 days ago.
thank you very much, i am happy at the moment to allow my brother to be probate, but what if he refuses to tell me who the solictor is? i just want to be kept informed what is happening. I have been informed to apply for caveat, but i think that would just throw a spanner in the works... even if my brother becomes probate, will he still be forced to give me half my mothers estate? if things get worse and i dont get informed what is happening, what steps should i take? thank you

3.  Be aware that a someone entitled to a share in the residue of the estate, you are entitled to a full account of the Probate when it is finished.  So, in many respects, you have to ultimately be informed what happened.  However, in the meantime, I would suggest you write to your brother and ask to be kept informed.  Just be aware that there is no legally enforceable right to be told of all that is going on.  So, just realise that you cannot go to court to enforce a right to information.

Buachaill, Barrister
Category: Family Law
Satisfied Customers: 13353
Experience: Barrister 17 years experience
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