can i move things on faster???

alifpb66 · 20 January 2018 at 7:27PM

hi,
mum died beginning december, brother (number 2) 2 yrs ago persuaded mum to remove me from POA/LPA and being an executor and re did her will, (mum had dementia, i cared for her but i needed some time off, mum got confused and thought i was finding caring for her tough). oh well its done...:(
problem now, ive tracked down that the will is with solicitor, as im not in communication with brother (number2) i phoned solicitor, several times now as i need to start ball rolling for internment.
ive asked solicitor who executor is and they wont tell me anything, they just needed my brother to hand in death certificate (which has been done), by that i assume brother is executor.....???
but is there anything i can do to move things along, id like to see the will, as really the will etc shouldnt have been done ( i have a voice recording of mum saying she didnt know what she was doing when forms were done, she didnt even understand about cheques etc) my other brother (number1) is concerned as he thinks mum has said brother number2 can have all her savings for being "a good boy".
I just dont know if its brother or solicitor dragging their feet.

1. .Can i get to see will
2. . should i let bank know, as her account should have been frozen, (brother number 2) has been using it to pay for things, ie funeral, and possibly things for himself)
3... when can solicitor tell me who executor definately is.
4....if they wont tell/show me soon, when can i start ball rolling to contest will??:(

im staying calm, but still upset to think it shouldnt have come to this.

any help would be brilliant.

newjersey · 21 January 2018 at 12:56AM

As you have no idea what is in the will let's hope, because you believe she didn't have mental capacity, that she hasn't left everything to you.

alifpb66 · 21 January 2018 at 1:34PM

thanks for your reply.....
its on record she had lack of mental capacity, as i saw her daily its just what i became used to, i do remember at one point saying give her monies to a charity to save any nastieness with my brothers, hate it when people are out for what they can get when theres a death.
in the first will, everything was divided 3 ways and hopefully thats what she wanted and that will happen.

macman · 21 January 2018 at 5:19PM

There's nothing to stop you sending a copy of the death cert to the bank if you believe the account is being used fraudulently.

-taff · 21 January 2018 at 9:30PM

The bank account CAN be used to pay the funeral.

Alter_ego · 21 January 2018 at 9:39PM

-taff wrote: »

The bank account CAN be used to pay the funeral.

Most banks limit that to paying a funeral director's invoice (bank paying not brother)

Larac · 22 January 2018 at 1:20PM

You can get bank accounts frozen by just presenting the bank with the death certificate. This can be done without a will - we had to do this as there was a delay collecting the will as the executors were in a different county/country from where the will was lodged and had to be personally collected. LPA ceases on 'death' so nobody should be accessing the accounts - apart from funeral expenses.

newjersey · 22 January 2018 at 10:24PM

Forgive me if I have this wrong as I'm a bit confused by your post. What do you mean by moving things on ? You mention contesting will so surely you would need to see a solicitor ? Also I'm unsure what you want to contest, you said about dementia then said, what can I do. Admittedly I am far from knowledgeable on this but if you are not mentally fit to make a will why would a solicitor have it ? Is it a DIY will or was it made by a solicitor ? I've heard about Larke Nugus (sp ?) letters being sent to solicitors, maybe that is worth looking up. I honestly don't think a solicitor can make a will with someone who isn't capable so I would try and establish where the will was made.

alifpb66 · 23 January 2018 at 2:38PM

hi newjersey
sorry im just struggling with so much atm, and not coming across right...
my mum did a will with a solicitor several years ago before any dementia diganosis, my brother 2yrs ago persuaded mum to do another one and make him POA etc, (i had a falling out for a short time with my family as i wasnt happy how the carers were looking after mum) a solicitor came to the house. mum did admit she didnt have much of a clue what she was doing..... realistically mum always wanted everything split 3 ways with myself and brothers.
my brother never included anyone in funeral arrangements and no one is speaking to him, i have found out will is with solicitor but they wont give me any info.
id like to start ball rolling with internment as mum will be going in the cemetery with my dad and i have paperwork.
im trying to do internment, wanting to know who executor is (myself and hubby were) wanting to make sure my brother HAS told bank and is NOT using her money for himself, and wondering if the will has changed.....

ali

-taff · 23 January 2018 at 7:49PM

Alter_ego wrote: »

Most banks limit that to paying a funeral director's invoice (bank paying not brother)

Sorry, I didn't explain myself properly, that's what I meant....

I'm not clear OP, if your brother has been organising the funeral has it actually happened yet or are you trying to sort out a funeral too?

newjersey · 23 January 2018 at 8:16PM

Well I'm still confused

What do mean by internment ? I'm guessing the funeral has already taken place ? You say it was on record that she didn't have mental capacity, on record where and with whom ? How could a solicitor draw up a will for someone who didn't have mental capacity ? As I said previously you will have to meet with your own solicitor and get them to write to whoever has the will and find out what the circumstances around making it was and who exactly is the executor. I'm sure one of the more experienced posters on here will be able to direct you better with a clearer post from you.

can i move things on faster???

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free