my mother died recently leaving 6 children & without leaving a will.can any1 tell me who should inherit?

Question

the youngest sibling is insisting she inherits everything as she was closest to her and is refusing to allow us access to the house as she is the only 1 with a key. do the rest of us have any right to enter the house as her insurance & mortgage details need to be dealt with

Answer 1

Assuming your in UK - if your mother did not leave a will, then you should seek the advice of a solicitor as all of her affairs have to be dealth with legally (this happens with or without a will), all siblings should attend the meeting with the solicitor so that they get to hear first hand how things have to be dealt with.

Her estate will be put through probate which takes time and you will probably be advised as there is no will that it would be divided equally among the 6 of you. Any member of the family can contest this decision but you have to have a very good argument as to why you should have a larger share then anyone else.

What your sister is doing is wrong and not necessarily lawful, call a family meeting (all 6 of you) and discuss the fact that you need to firstly contact a solicitor and see one all together, all have access to the property, agree to split personal possessions fairly and deal with insurance & mortgage together, then no is left out.

The house cannot be sold at this moment in time, the solicitor will advise you of everything that you need to do and how it has to be done.

Answer 2

Run as fast as you can. You have memories of good times and believe that is all you need. Leave the rest to your siblings. My mother died a few years ago leaving behind a mess and siblings fighting for scraps. In the end nobody really was able to hold onto anything because of taxes and overdue bills that were left unattended to from all of the arguing. (My parents owned 4 houses which came w/2 mortgages, 4 sets of taxes, 4 sets of water, sewer, garbage bills (even though these services were not needed they were still charged), and in the end the houses were all sold to someone for a few thousand dollars w/everything going into just paying stuff off.
I shall finish up by restating what I had initially said:
RUN!!!!!!

Answer 3

If your mother died intestate then the probate office will be involved regarding the distribution of assets she has left. Your sister cannot just claim everything because the tax man may want a cut too. All surviving children may well be entitled to a proportion of the estate but this depends on if there is any will found. Seek legal advice or get a booklet from the Probate Office.

Answer 4

Just went through the same thing. My mother just passed. She left 4 children. My other sister died before my mother and left 2 kids. Your mother had 6 children not just 1. You all stand to inherit equally. We on the other hand didn't have that problem. There is such a place called "Probate Court." They will help you all handle the situation equally and without a lawyer. Good Luck and God Bless!!!!!

Answer 5

Yes you and your other siblings have every right to enter that house. You should all divide up the estate. Tell your youngest sister that you are not leaving until she lets you in the house. Take the police with you if you have to.

Answer 6

I haven't been in your situation, but maybe the funeral home can give you information on who to contact, (an estate lawyer) and make an appointment immediately. Without a will, it will be the state's decision on how your mother's estate will be handled. Your sister won't necessarily get everything just because she was closest. It makes me angry how families have to fight after someone dies. If it were me, I'd allow everyone to take one item that meant something to them, have an estate sale and donate the rest to charity.

Answer 7

You need to get a solicitor involved sorry but only being honest things should be divided equally between you all i'm sure that's what your mother would have wanted there is no happy ending here it will have to be done legally if you enter uninvited you will get done for trespassing good luck with it all and sorry about your mum my heart goes out to you all.

Answer 8

ur youngest sister seems to be a bossy cow, if thats wot she thinks then u shud let her deal with the insurance and mortgage herself if she starts struggling and asking u 4 help u shud make her realise that she shud share things. and to make a start by getting a key cut 4 all of u. i was going to say share if it was money problems. otherwise seek professional help. ie solicitors

Answer 9

Get a lawyer.
Things have to go thru probate if there's no will, and after the bills are paid, every child will get an equal share. This sibling can't control things.

Answer 10

There are pretty strict rules about inheritance from people who die 'intestate'

tell your youngest sibling that she is risking LOTS of the cash/inheritance going to solicitors fees