Mothers parents died over 10 yrs ago leaving no will !!!!?

Question

my mother and her brother were the only children. they applied for letter of administration to sort the estate out. everything has been sorted except the property. they could not come to a desicion on what to do with the house. 10 yrs on they no longer communicate with each other. the house is in a very bad state and now the council have got involved issueing an improvement notice, my mother has made many attempts to contact her brother to get the house sorted and sold but he is ignoring all communication from her and the council. she has also been billed for the council tax on the property which she is paying herself. although they have a letter of administration in both names can she sell the house herself, recoupe all money she has paid into it and give him his equal share of what is left. ( She is the eldest child). where does she stand?

just spoke with my mother, he is ignoring letters from her solicitor. mother has had to stop using a solicitor to communicate with him as it's cosing too much and she can't afford to keep paying a solicitor whilst paying out for the house. thanks

Answer 1

I have been in a very similar situation myself and sympathise greatly. As the grant was in joint names, your mother does not in all probability have the authority to deal with this on her own. She should instruct a solicitor to apply for her brother to be removed as an administrator on the grounds that he is refusing to respond to notices and therefore appears unwilling or unable to continue to act. If the application to the court is successful, then your mother will have complete control of things and can take whatever steps she feels are appropriate in dealing with the house. Money spent improving it can be set against the eventual selling price of the house.

I have just read your additional note and can tell you that while it is expensive instructing a solicitor, it is money well spent, as this application is a very complex one and you need to know your way around this area of the law. Again, the fees can be set against the selling price of the house. Otherwise she can make her own application to the High Court, but this is no easy thing.

Answer 2

geez that's a tough decision to make!! It seems like your partner loves you very much, and that means a lot. I understand your feelings of guilt, but I'm not sure how much you should realistically be taking on. Obviously your mother has issues that are completely unrelated to you. Why then, are you making yourself feel so bad over this? You should realize that you are a wonderfully caring person for wanting to take on so much responsibility, but you need to also know that it isn't realistic for you to live that way. I know, it's easier said than done. I honestly believe that you should do what your psychologist suggests, and create boundaries. You have your own life, and you can sacrifice EVERYTHING for your mom and dad. I know you feel responsible for their well-being, but they should understand that you have needs too. I think you're going to have to decide to compromise with your parents, and that they will have to meet you in the middle. You are already giving up a lot to care for them and visit them the way you are doing right now. I'm not sure why they aren't more concerned with your happiness and why their needs seem more important than yours. With family, it's always give and take, but your parents seem to be taking an awful lot (I don't want to sound mean or anything, just saying how it seems).

Answer 3

Get lawyer in to sort it out. The brother will have to answer to lawyers letter or lose out. Sounds a bit to complicated to sort out with no legal help.

Answer 4

Go get a lawer and get him to re-coup the lost money from the brothers share of the house.

Answer 5

thats pretty tough to say actually, because there are many details involoved with this kind of estate issue...your best bet is to contact a realestate laywer....