Intestate - forcing house sale

[Elshell]

HI, thankyou in advance.

My father passed away in 2013 leaving no will, leaving a spouse and three children. My stepmother and myself have gone through a solicitor as there is quite a bit of property and it was intestate, we have been granted letters of administration as there is a minor.

We have finally received the estate accounts after a number of issues with the solicitor, it valued everything at around £750k, with the matrimonial house being £500k. I had foolishly assumed that my stepmother would elect to to appropriate or vest the matrimonial home which with her statutory legacy of £250k and life interest of the same. but the solicitor is saying that there would be a large excess for her to cover, does this mean the valuation is wrong?

Apparently the solicitor and my stepmother have discussed this between themselves i have not been kept informed at all and most of the correspondence is going to my stepmother with me occasionally cc'd. My stepmother has decided that she wishes the life interest to continue over the land and house and over a half share of the cash in the residuary estate. Can she just make these decisions on her own?

I would like to know can i force her to sell the property so that my brother and i can get our inheritance?
I know it sounds quite horrible to ask that but less than a year after my father died she moved her lover in and they are now trying to make huge changes to the property i.e. adding large garages. The lover is also quite horrible to my stepmother and i do not believe that it will be in her best interest to remain in the property in the near future.

Sorry for the long complicated post.

[ostell]

Re: Intestate - forcing house sale

Basically, as wife, your stepmother basically inherits all as your father died intestate. I believe there are limits before other family members benefit but they are quite high.

[Amethyst]

Re: Intestate - forcing house sale

250k xx

The first £250k and the personal possessions go to the stepmother(wife). The remainder of the estate should be divided in half, half goes to the stepmother (wife) and the other half should be divided between living children.

So your stepmother has £250k and a life interest in the £500k property. There is £250k outside of that not tied up in personal possessions which is being divided in half - so the stepmother (wife) has £125k and the three children would have about £40k each.

Now as far as I am aware, (and this really isn't my area so my apologies if this is incorrect) when the stepmother passes the £250k in the house would split £125k to her estate and £125k between the three children again.

Is that what's happening Elshell ?

[des8]

Re: Intestate - forcing house sale

You posted "we have been granted letters of administration"
and "I have not been kept informed"
If you were named as a joint administrator when letters of administration were granted, your agreement is required to the settlement

[Elshell]

Re: Intestate - forcing house sale

250k xx

The first £250k and the personal possessions go to the stepmother(wife). The remainder of the estate should be divided in half, half goes to the stepmother (wife) and the other half should be divided between living children.

So your stepmother has £250k and a life interest in the £500k property. There is £250k outside of that not tied up in personal possessions which is being divided in half - so the stepmother (wife) has £125k and the three children would have about £40k each.

Now as far as I am aware, (and this really isn't my area so my apologies if this is incorrect) when the stepmother passes the £250k in the house would split £125k to her estate and £125k between the three children again.

Is that what's happening Elshell ?

Almost but as he died before the change in law the children are to receive £250K between the three of us. which in some ways is part of the problems as she does not according to the solicitor have enough to take all of her share in the house.

Yes des8 i have been asked to sign off the accounts but i am not happy with them. My stepmother basically doesn't want anything to change, she is happy with her lot - a nice house surrounded by farmland. She doesn't really want the land sold as she doesn't want anyone to build on it, but she wants to keep the house. I have to confess as this point i just want to take the money and run, it has not been a pleasant experience.

[des8]

Re: Intestate - forcing house sale

You aren't happy, what about the other two children?
If you aren't satisfied and weren't included in the discussions and decision making, you have the power to prevent its conclusion.
Whether you want to or not is a different matter, but if it turns out the legacies have not been paid properly there are circumstances where the unsatisfied beneficiaries could pursue you for any perceived shortfall.

[Elshell]

Re: Intestate - forcing house sale

Thankyou all for your , i have decided to not go along with the estate accounts and have made an appointment with a separate solicitor.

[des8]

Re: Intestate - forcing house sale

Thanks for letting us know your decision.
A word of warning, .... contentious probate can be very expensive and can eat into legacies.
Would appreciate it if you could let us know the outcome, as it may help others later.
Best wishes