Late mothers house and probate

[thecatjumpedoverthemoon]

Hi there, I am not sure if I am in the right place for this, I hope so as I'd really appreciate hearing thoughts from others that may be able to advise. My mother died this year, while I was living abroad. I have one sibling, who I haven't had contact for many years (long story but he was a very abusive bully). When my father died he told me that everything was left to him (no will) and took everything. When my mum died he denied me the few precious pieces she had selected for me and my DC, it was only when I insisted he follow her wishes that he finally... finally handed them over. Nothing is of monetary value all sentimental. I absolutely could not allow him to control her final wishes as he had pretty much controlled every thing else in her life. The amalgamation of my dads and brothers business deals left her in huge financial debt , because of her illness the mortgage company allowed her to stay on the basis of her paying a nominal fee each month. When she died I offered to find alongside my brother a solicitor who could begin probate, he very aggressively responded by email that I was to keep out of it and he would deal with it in his own time. When I returned to the country I was living in, I learnt that despite being a joint executor on her Will I had no say in the probate while living abroad. I have recently returned to the UK and discovered from her old neighbour the house has tenants in, this has been confirmed after a google search and seeing it online on an estate agent website. I was really surprised as I had assumed the bank would have taken the house back in order to sell and reclaim their money. I am not sure what to do, I don't trust him at all. I am worried he hasn't reported to the mortgage company that she has died. He kept everything from me, and then to ensure he had complete control took the key from my mums sibling to my mums house to ensure she could never return. I was so traumatised by her death and his behaviour around it that it isn't until now that I have felt strong enough to think about it. All I want is for the legal pathways to have been followed. Does anyone know if the mortgage company could have rented it out? My plan at this point is to call probate asap but any thoughts or insight before the 2nd Jan gratefully received!

Probate will have been lodged where the death was registered.
You need to ask for a copy of it.
If your father was intestate there are strict rules that should have been followed.
If your mother had a will it should be on file with her probate.
If you are not in the UK its tricky
but if you know what firm of solicitors drew up your mother's will
give them a call and see if they could get the challenge ball rolling for you in a low key low cost way

thank you TalkinPeace this is all useful to know.

Sorry to hear of your loss and struggles. 🤗

You can see if probate has been granted on the government web site for wills, and you can order a copy if it has, I think it is about £10 a copy. Search for find a will gov and the web page will come up.
The probate offices do not always answer the telephone you are more likely to get a response by emailing them.

Most solicitors will offer you a free 30 minute appointment for advice, check this when making an appointment at one.

Thanks RoseMartha, I've just looked on the website and she's not on there.

Her finances would have been extremely complicated, can this affect the length of time probate is granted?

Yes if complicated will usually take longer. It might be that it has not even been submitted yet. Try contacting the nearest probate office to where your brother lives. Email is best. And seek help and advice from a solicitor or citizens advice.

Will do thanks again!