Advice on Probate Application (UK) please - productive executor immediately awaiting trial?

OK, a weird one for you but any advice would be hugely appreciated (please no answers close to "go to a lawyer", I will be doing this, but I need some direction on what I'm doing/asking).

Basically, my dad died leaving no will, making my mother the default exectuor. She have managed to get some funds released lacking a completed probate application but there is still some money being held. She is immediately being held on remand until December and is going to be up in Crown Court on a thoroughly, VERY serious GBH charge (poss to attempted manslaughter). As she kept her arrest from me, I can't find out any further details from the police (I only found out due to a neighbour). I have spoken to the solicitors holding the remainder of the estate and I can very soon make an application for probate as she has lost her right to do so officially. My questions are:

1. Is it worth me applying now, or should I skulk until she has been sentenced? Where do I stand within terms of this? Will a solicitor be able to find out more from the police?
2. If she is not sentenced, will she regain her right to probate?
3. I am immediately financially supporting my little brother as she wouldn't help us out financially - will I be able to capture help with fees? I'm worried around going through all this, spending money I can't really afford, only for it adjectives to fall through. I also need to clear out the council house that have squatters in it, with adjectives our family's belongings, including my dad's ashes and other personal effects - will I be able to get assist with this?

I have posted in connection with my mother before - if you would like to arraign me of gold-digging etc, don't bother commenting please (basically because my original question asking if I could grasp probate based on her inability to act responsibly seem to have been proved more than true). Also agai please no comments on going to a attorney, I WILL GO TO A LAWYER, I just have no model where I stand at the moment in expressions of finding out more info, and I can't find much on who is excluded from applying for probate. And I have all the forms I entail as well, so no advice needed on those.

Thanks within advance for any advice and sustain.
Answers:
If someone dies intestate (without a will) the estate is distributed according to statutory rules. There is no room for discretion, so "gold-digging" does not come into it. You will get what you are legally entitled to. Anyone making these accusation does not know what they are talking about.

In an intestacy situation within are (obviously) no named executors, but someone has to cart on that role. The people who can do this are also determined by statute, and the order of entitlement is alike as that order of entitlement to inherit. But being entitled to do the chore does not automatically make you the executor. The person requests to apply for probate to be granted, which gives them authority to deal next to the deceased's assets. If the person who is first in vein to be the executor does not want to do it, they can stand aside and the next person within line can take the profession (this does not affect the right to inherit).

In your case your mother is first in dash to be the administrator, but she appears not to have applied for probate. If she stands aside you can do it (jointly with any siblings). I am not sure if her arrest and remand is sufficient to disclaim her, but I hope that it is. If you can apply, once probate is granted within your name your mother will not be able to regain the right.

You will not be capable of get help next to fees for assisting with probate. But the fees can be paid out of the estate itself, previously any inheritances are calculated, so no-one loses out. Dealing with squatters etc will be the responsibility of the executors, and, again, it is likely that the estate will enjoy to meet these fees.

Note: The terminology is in truth slightly different when there is an intestacy, but I have used the commonly unspoken terms (executor, probate, etc) to avoid confusion.

Edit:
NO - if the house needs clearing etc the pocket money for that should come from the estate. An administrator cannot claim fees, but they are entitled to charge genuine expenses to the estate. Also, you cannot be required to do it unless you are the administrator, and you actually hold no right to do it unless you are.

Your mother will be entitled to the first lb250,000 of the estate. If there is more then the children (ie you) will be entitled to some of the excess.
This is a particularly difficult legal question and I for one would not attempt to answer it. Maybe you could trademark an appointment at th local probate office to address the question to that bureau. They should not charge as they are a public body and you father's estate is going through probate at the moment. It shows that it is so important to make a will and dying intestate is not a devout idea

Good luck


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