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enforcing rules of intestacy
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My 64 yr old father died recently and all his estate went to his wife, my step mum, no problem here at all. However, my 61 yr old mother also recently died, she never remarried or left a will and as such according to the rules of intestacy myself and my younger brother and sister should split the estate three ways. Unfortunately when my mother and father got divorced I went with my father and my brother and sister went with my mother, all three of them changing their surname back to my mothers maiden name. I am becoming increasingly suspect that my brother wants to "keep me out", to coin a phrase, of what I understand to be rightfully mine. Can this happen and if so is there anything I can do to stop him or freeze things?
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For more on marking an answer as the "Best Answer", please visit our FAQ.If your late mother owned a property, shares, or had more than a relatively small sum in a bank or building society account then it will be necessary to obtain a grant of Letters of Administration (Probate without a will) to deal with her assets. The people who are entitled to obtain such Letters of Administration are you and your brother and sister together. It is possible put in hand a standing search at the Probate registry to make sure that they do not apply for Letters of Administration without telling you. If they administer the estae wtihout telling you, and pocket the proceeds then you have the right to sue them.
That said it is probably best to make a civilized approach to them now, and try to avoid any unpleasantness.
That said it is probably best to make a civilized approach to them now, and try to avoid any unpleasantness.
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