Let the fun and games begin...

RAS

Ames

With any luck one of them will come up with the bright idea of seeing a solicitor of their own, who will put them straight on a few things.

So it will cost the personally to find out they are wrong.

Ames

Thanks Ras - if they see a solicitor could they charge it to the estate too? Or is it just because I'm administrator that my solicitor does that?

RAS

They cannot charge their legal fees to the estate.

You cannot charge your fees to the estate.

The cost of adminstering the estate comes out of the estate and that might include any travel or office costs that you have incurred as administrator as well as any legal fees.

Given that dad and sister refuse to acknowledge your legal responsibilites and respect that you have legal duties to meet, I think a lawyer is perfectly sensible in this case.

sunnyone

It seems like an age since your mum died Ames yet things seem still the same as when you posted immediatly post her death.

I wonder if your stupid sister actually understand that it would possibley all be done a dusted if her and your dad had just left you be to get it sorted out.

Dont forget to tell the solicitor about the car so it can be deducted from her share of the estate, no doubt she saw it as hers because you have a mobility car and make sure you look after your own health as best you can because they are just not worth hurting yourself for.

Ames

I have told the solicitor about the car. I'm not sure about the value though because it'll have gone down now with time, and sister's had a couple of small bumps in it. So I'm not sure how we can find the value as of when mum died. It's probably in the paperwork somewhere.

I am trying to look after myself as well as I can, that's part of the reason for handing it over to a solicitor.

daska

Although it might mean the property makes less, you might do well to consider putting the house/contents up for auction. If your dad and sister still have access to it and it's full of junk that could make selling it via an estate agent very long winded. I believe the estate could also charge her rent for the storage and charge for the use of the car. It's worth asking of the solicitor because you have a legal duty to maximise the value of the estate - but the other beneficiary is actively reducing the value.

I got free legal advice re housing benefit and probate etc from Community Legal Services and they very kindly followed it up in writing. Perhaps that's an avenue to consider with a view to explaining your legal situation to your sister/father.

kingfisherblue

Ames wrote: »

I have told the solicitor about the car. I'm not sure about the value though because it'll have gone down now with time, and sister's had a couple of small bumps in it. So I'm not sure how we can find the value as of when mum died. It's probably in the paperwork somewhere.

I am trying to look after myself as well as I can, that's part of the reason for handing it over to a solicitor.

The solicitor should be able to get a value from Parker's Blue Book.

Ames

I'm just going to get the solicitor and my welfare rights officer to explain the legal situations (house/probate and my benefits) to them. They wont listen to me, they just laughed when I said they couldn't make changes to the house or take the car.

The house isn't full of junk. There's mum's furniture and personal stuff, and then sister's storing all her furniture there while she's between homes. We do need to go through mum's clothes and stuff, which I'm not looking forward to now sister's so angry with me.

Auctioning the house would only get a fraction of its value, so I'd (and the solicitor would) be failing in our duties to maximise the estate.

Ames

Would Parker's give the past value? I thought it'd just be the current value.

kingfisherblue

Presumably libraries would have past copies. I know our main library archives annual publications.