probate woes

[nan]

hope somone can give me some advice.My mum died in 2013 and my sister and I found her will, which name us two sole beneficiaries and coexecutors.She has a house no morgage and had approx 1400.00 in her bank ac as well as cash left in the house of 600.0 my sister signed with the bank to take control of the bank acc as she lived nearer,I thought the money was in a separate acc for probate but my sister pt it in her ac and told me if I needed any just ask .as months progressed I found probate wasnt being done ,problems with tax office ? As nothing was being decided about the house ,we have it rented out and I get half the rent,but I have no deeds to the house and no copies of the will,I asked about the the money that was left ,we had both paid to have the house upgraded ,and she said there was no money left. I have said I want to sell the house if she doesnt want to deal with me and she promises to get things sorted,but then doesnt.I am at a loss what to do as I have no money for a big court case and there is no legal center near me .Ithought it might work if I get an order for her to bring the paperwork to probate court ,but was told by a soliciter then it wouldnt work. help

[charitynjw]

Re: probate woes

Hi nan

You may be able to obtain a copy of the will via https://www.gov.uk/search-will-probate (Click the link).
I'll give [MENTION=141]enaid[/MENTION] & [MENTION=85500]Peridot[/MENTION] a nudge for you.

[enaid]

Re: probate woes

Hi and welcome nan,
'Probate wasn't being done' you stated. Not sure how you are managing to rent out the house before probate has been granted, if there was already a tenant in the house this is slightly different.
As joint executors you should both have access to all accounts and all dealings with the estate, someone usually takes the lead but should be done with the others knowledge and consent.
Not sure about problems with tax office, what do you mean by this?
I do know the income from the property will be taxable.

[des8]

Re: probate woes

Probate needs to be applied for.
As joint executors you can both apply for the grant of probate ,or either of you may apply by yourself subject to giving notice of the application to the other.

If you are concerned about your sister's behaviour after obtaining probate.it might be worth agreeing with her to appoint a professional to deal with the estate.
Yes, it could cost (so do the research before decding on a particular person) but it may prevent the breakdown of family relationships, which so often happens in cases like this.

[nan]

Re: probate woes

enaid thanks for getting back to me .the renter was found by my sister and terms agreed by her.The tax situation is because mum had given us some money before she died ,I was told, that is why I didnt want any money until it was sorted.

[enaid]

Re: probate woes

You talking a lot of money to avoid Inheritance Tax?

[nan]

Re: probate woes

house was valued at 80.000 gift was 300.0

[enaid]

Re: probate woes

Well I have no idea where tax comes into it then, especially as the house is not sold, £3,000 as a gift is allowed annually

[nan]

Re: probate woes

I am going to ring the tax office my self and explain situation and see I can sort it myself if I can ,as another has said I have some rights as a co executor.

[enaid]

Re: probate woes

I am going to ring the tax office my self and explain situation and see I can sort it myself if I can ,as another has said I have some rights as a co executor.

Well if you are a tax payer all the rental income you receive will be taxable