Death of a Family Member

RAS

big_Daddy_Dave wrote: »

plus he was her legal guardian and she was listed as a dependant on several things. and if he can, what should my sister do?

What exactly do you mean by legal guardian? Your sister is older than you and you left home 3 years ago, so I assume she is over 18 years old?

With respect to yor sister being dependant, that may mean that she can sue the estate for additional support.

You need to know who the residual beneficaries are, as if there is to be any variation of a will, all the residual beneficiaries have to agree to it.

You need to get your head round the fact that the executor's prime duty is to the estate of your father, not to you or your sister, even if you are beneficiaries.

If your father owned two houses, is it possible that his estate was worth more then the Inheritance Tax limit (about £380,000)?

i strongly suggest that at the moment your sister sits tight even if the solicitor writes and asks her to leave. That may be the only way to force him to disclose what is in the will.

Also one query, did this solicitor draw up the will?

bargainbetty

I work for legal professionals and can confirm several things written here. Firstly, call the solicitor, and tell him that unless and until you have received written proof that he is an executor of the will, and a full copy of the will, he can stop telling people what to do, and certainly won't be paid for any time he spends doing it.

Explain to him that further harassment of your sister, again until the will had been properly read and the estate properly assessed, will result in a formal complaint to the Law Society and an application to a court to have him removed from the case, should he provide proof that he is the sole executor. If he is not the sole executor, he is required to work with the other one to get things done.

Put it in writing if necessary, and hand deliver it to his office. Unless he provides the information proving his claim to administrative rights within five business days, you will appoint your own solicitor and file an application to receive all relevant papers from him immediately.

Basically, let the jumped up little a** know that you aren't going to fall into line because he has a law degree and a vested interest in billing the estate up the yin-yang for his fees.

Good luck

Trajal

bargainbetty wrote: »

will result in a formal complaint to the Law Society

Sorry, but this is not right anymore.

As I mentioned in a previous post, complaints about solicitors no longer go to the law society, they go to either the SRA or the Legal Ombudsman depending on the situation as explained on the law society page here http://www.lawsociety.org.uk/choosingandusing/redressscheme.law

big_Daddy_Dave

Thanks everyone Im heading down tommorow

bargainbetty wrote: »

I work for legal professionals and can confirm several things written here. Firstly, call the solicitor, and tell him that unless and until you have received written proof that he is an executor of the will, and a full copy of the will, he can stop telling people what to do, and certainly won't be paid for any time he spends doing it.

Explain to him that further harassment of your sister, again until the will had been properly read and the estate properly assessed, will result in a formal complaint to the Law Society and an application to a court to have him removed from the case, should he provide proof that he is the sole executor. If he is not the sole executor, he is required to work with the other one to get things done.

Put it in writing if necessary, and hand deliver it to his office. Unless he provides the information proving his claim to administrative rights within five business days, you will appoint your own solicitor and file an application to receive all relevant papers from him immediately.

Basically, let the jumped up little a** know that you aren't going to fall into line because he has a law degree and a vested interest in billing the estate up the yin-yang for his fees.

Good luck

thanks for this, Im writting a letter now which I will sign and hand deliver to him when I get there.

im pretty sure Ill use the legal ombudsman aswell, I dont even care about inheriting anything, but Im pretty sure hes after money or something as he wants to sell the house quick .

this shouldnt even be my main concern right now

but thanks guys

3v3

Good luck! Stay strong, stay focused.