Rights On Inheritance

[obsessed]

My middle sister died unexpectedly recently without making a will. She had no children so therefore her next of kin are my elder sister and myself. My elder sister says she is entitled to make all the decisions regarding the sale of my late sister's property and any money must go in a bank account in her sole name. She refuses to let me have a key to the property. Letters of administration have been applied for in both our names so can she do this. I feel I should have a say in all matters. I would be grateful for any advice. Thank you.

[DSJ]

See a solicitor.

[ubasses]

Assuming your parents are deceased, if not everything goes to them, you and your sister inherit in equal shares. As the Letters of Administration have been issued in both names when these are presented to the Banks, Ins Co's etc they should issue all the payments in your joint names which she won't be able to pay into an account in her sole name. The Solicitors dealing with the sale of the house will also require both signatures on all documents. It should be difficult for her to get round, point all this out and tell her you will get a Solicitor if she does not start complying immediately.

[obsessed]

Thank you both. Will obviously see a solicitor.

[paul1763]

i don't know if it's legal, but with her attitude i'd get the locks changed asap

[dzug2]

Next of kin for inheritance purposes are in fact her parents if still alive - hope you/your sister have taken this into account

[atalanta]

We are all assuming that you have no other deceased siblings. If the three sisters had any other brothers or sisters, and these dead siblings had children, these nephews and nieces would have a claim on the estate.
At the very least, consult the Citizens Advice Bureau.
Being an elder sister of a deceased person gives no extra rights or obligations whatsoever in this situation, and she cannot claim that it does.

[buildersmate]

Your answer regarding potential claimants not only contradicts the above, but also seems to contradict the Administration of Estates Act 1925 on rules of intestacy, Atalanta.

[atalanta]

I personally consulted a solicitor on the subject of intestacy and heirs quite recently, and this exact subject - of siblings whether dead or alive - came up.

[bednobs]

the .gov site says that neices and nephews can share the inheritance if any of the siblings of the deceased are already dead

[buildersmate]

Perhaps he doesn't know the law in this area either.

[dzug2]

The .gov site does say:( in response to relevant answers)


The estate is shared equally between the brothers or sisters.

If a brother or sister has already died, their children (nieces and nephews of the deceased) inherit in their place.

[Peter Pedant]

// Perhaps he doesn't know the law in this area either.//

or that he misunderstood the question or the answer was misunderstood

If the children of dead people didnt inherit then there wouldnt be Heirhunters - the treasury would pocket it all....[ but you only seek cousins and not second cousins xc scot ]

obsessed.......Since you are a residuary heiress
you can demand an account at the end of it all

You should be doing everything by agreement
if not equally....

[ummmm]

Yes...my uncle died without a will. His estate was divided between his siblings. Because me dad died before the estate was settled we received my dads share.

[Peter Pedant]

per stirpes rule

however I think Obsessed is more worried about elder sister doing everything and then .... keeping everything under the completely-made-up 'eldest child gets all rule'

agreement is much much better than running to lawyers
since the rules are after all releatively simple