Access to a family home you are executor of

aw0603

mojisolar - so what should we (me and my other sister) do? All of the chattells have been left to her.......there was a few thousand pounds of cash in the house, which we dont know is still there or not, whether it has been banked etc. I wanted to see with my own eyes if still in property but if I wait until 9th/10th February it definitely wont be as it will be empty. She could say it was not there...................

aw0603

getmore4less - we have only agreed that we wish to be a hands on executors. Probate has not been applied for. Estate agent not been in - well not that the solicitor is aware...........we have voiced and put in writing to solicitor that we will take legal action or instruct locksmiths but he has verbally informed me that if we do this he will no longer be able to get involved in our dispute and only administer the estate............

Mojisola

Take independent legal advice

As you need to get house valuations done, you need access to the house.

I would be working with your other sister and getting a locksmith to change the locks on one of the doors. They will probably need to see the will and identification to prove that you are entitled to enter the house.

I still think you need to get independent legal advice and will probably need to pay out on a solicitor's letter telling your sister that she must not work independently as you are all executors.

Mojisola

Take independent legal advice

aw0603 wrote: »

we have voiced and put in writing to solicitor that we will take legal action or instruct locksmiths but he has verbally informed me that if we do this he will no longer be able to get involved in our dispute and only administer the estate............

This still confuses me. If you three are executors, why is there a solicitor administering the estate?

Have the three executors appointed him? If he is acting in your place as executor, he should have the keys of the house and be complying with the will and handing over chattels, etc, to your sister.

aw0603

mojisola - we received a copy of the will from the solicitor out of the blue stating that our eldest sister had instructed him to administer the estate (because she didnt want to deal with us - I presume). His letter stated that if we did not wish to relinquish our rights as executors we should put this in writing to him. We did this and as soon as we did this, our sister then requested that she wanted him to apply for probate etc which she originally was going to do (I presume she was hoping we would relinquish). Ultimately, I guess she dont mind bumping all the legal fees as she ultimately will gain more from the house (sale of chattells etc) which she can then distribute amongst her our children whilst ours lose out because of increased legal costs.............

ValHaller

Take independent legal advice

aw0603 wrote: »

His letter stated that if we did not wish to relinquish our rights as executors we should put this in writing to him.

That is cheeky. He should be asking you to positively confirm that you want to relinquish your rights. Personally, I would be thinking about telling that solicitor that he is not instructed by the executors and leaving your sister to resolve his fees from her own purse. Perhaps I should not stoke this up .....

Mojisola

Take independent legal advice

If the solicitor knows there are three executors, then he should be taking instructions from all of them. If he knows that two of them are unhappy with the actions of the third one, he certainly shouldn't be doing things on her behalf.

I would send a joint letter with your other sister telling him to stop working on the estate while the executors sort themselves out.

aw0603

valhaller - pleae tell me more - we presumd that because she had instructed him and was the only person with access to the original will she had the right to instruct him and would be paid from the estate...............

Mojisola

Take independent legal advice

As there are three executors, you are all equal in your rights and responsibilities.

aw0603

mojisola - so even though she instrusted him, we as executors can state that s he is aware we are nhappy with the situation and that no further work should be done until this is resolved????? what about the cash in the house? should we raise it now, leave it until we have access to check for ourselves, check bank statements to see if paid in before they were frozen (she froze them without our input)...........