Access to a family home you are executor of

Mojisola

Take independent legal advice

I wouldn't want a solicitor who is taking instructions from one executor - when he knows there are three and there are disagreements between them - dealing with the estate - unless you signed something giving him permission?

You sound completely out of your depth. Please get some independent legal advice!

ValHaller

Take independent legal advice

aw0603 wrote: »

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)...........

Deinstruct the solicitor and consult your own choice of solicitor for independent advice.


Dear solicitor

We refer to your apparent instruction by older sister name for the Estate of our late mother name. Please be advised that as 2 of the 3 executors, we were never consulted about your appointment and after research we realise that our older sister had no authority to instruct you on behalf of the executors.

Therefore, you are to regard yourself as not instructed in this matter. In respect of your fees, you should bear these yourself as no valid instruction has been given.

Yours 2 of 3

securityguy

aw0603 wrote: »

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...............

I refer you to my earlier posting. The executors are jointly and severally liable, and all have the same standing unless and until one or more of them relinquish their position as executors. Your sister appears to be acting as though she is in some sense more of an executor than the rest of you, and you appear to be letting her do so.

She can't sell the house without your agreement. She can't instruct solicitors without your agreement, and the estate can't pay the solicitor without your agreement. You need independent legal advice, now. For a start off, your position as the parent of your children, who are beneficiaries, is in conflict with what's happening in your position as executor.

Assuming there are sums of money in the estate to make the matter worth pursuing, you need (a) to talk to a solicitor with your "parent" hat on to protect your children's interests and (b) with your "executor" hat on talk to a solicitor about what to do next. Those might be the same solicitor, they might be different solicitors (arguably, it might be an idea for the children's other parent to do that side of things). Solicitor. Now.

troubleinparadise

Dear AW0603

Right now you sound in a bit of a muddle about what you should be doing as an executor, and your sister seems to be manipulating and bullying you and capitalising on your lack of knowledge.

All executors have the same power and rights, unless anyone has agreed to a change. Your sister has no more power or right to do anything than you, and indeed should not be acting independently as she has been. Nor does she have the right to prevent you entering the house.

Please read up on what the executor's duties are. Thise link will give you a bit more information to start you off.

http://www.ageuk.org.uk/money-matters/legal-issues/dealing-with-an-estate/

Whilst your sister may have been bequeathed the chattels under the terms of the Will, there should be a valuation of those by an independent valuer for tax purposes before they are removed.

Another very important matter is that of paperwork - which is possibly in the house - and which the executors will need for completing the forms needed to apply for probate.

getmore4less

AIUI parent(hat) has no influence at all it is purly down to the executors to act in the best interests of the benifitiaries.

AIUI unless the will states othewise the childrens inheritance with have the 3 sisters as trustees(or whever ends up as executors) of their trust, parents don't get a look in.

getmore4less

One potential course of action is to enter the property and make a full inventory including copious amounts of photos.

even consider the 2 of you relocating all the property into storage to protect the integrity of the estate.

As has been said you need to get legal advise very quickly or the sister actions will happen by default because you have done nothing.

ValHaller

Take independent legal advice

securityguy wrote: »

Assuming there are sums of money in the estate to make the matter worth pursuing, you need (a) to talk to a solicitor with your "parent" hat on to protect your children's interests and (b) with your "executor" hat on talk to a solicitor about what to do next. Those might be the same solicitor, they might be different solicitors (arguably, it might be an idea for the children's other parent to do that side of things). Solicitor. Now.

AW0603, there is possibly a 'conflict of interest' issue here, but you are a straightforward person and you will be doing your best for the children. So just go with your sister to one solicitor and get things sorted out over the solicitor your sister appointed and over securing the estate into the hands of the Executors and not just your sister. Solicitors to look after your children's interests can wait.

securityguy

getmore4less wrote: »

AIUI parent(hat) has no influence at all it is purly down to the executors to act in the best interests of the benifitiaries.

AIUI unless the will states othewise the childrens inheritance with have the 3 sisters as trustees(or whever ends up as executors) of their trust, parents don't get a look in.

Not quite. If the beneficiaries are minor children and the executors are not behaving correctly, the children cannot take legal action but their guardians (in this case their parents) can on their behalf. Were that not the case, executors could defraud minor beneficiaries with impunity.

HHarry

In terms of access to the house, could you instruct someone to fit an additional lock (hasp & staple with padlock) to the doors.
That way the house can only be accessed if both sets of keys are present.

madbadrob

Interestingly no one as picked up on the fact that probate as yet as not been granted and therefore to remove anything from the estate would be a breach of law because as yet the will as not been proved to be legitimate. Likewise for probate to be granted all three of the executors would be required to attend the probate office and agree to carry out the requirements of the aforesaid will and that any mis-administering of the estate will be borne by all three of you. I would do as others have suggested and see a solicitor as a matter of urgency and if required have him apply to the court to have the house a no go area unless all three of you are there. As for the money in the house I am betting that has gone already

Rob