Parents home emptied by Sister (co-executor)

aw0603

My mom passed away in November just 50 weeks after my dad. My sister and I have been denied access to the family home by our eldest sister. We were all named as Executors, all personal chattels have been left to our eldest sister and all of our combined children are the beneficiaries.

In my post of 11.1.13, I was asking for peoples opinions on whether to instruct locksmiths, try talking to her (again) or seek advice from another solicitor (instead of the one who was dealing with the estate who the eldest sister had instructed).

I decided to seek help from another solicitor on 14.1.13. They have been trying to liaise with sisters solicitor and request access to the house and that nothing should be removed from the home. They have not responded to the letters/requests.

Yesterday, we instructed locksmiths to gain access to the home. It had been emptied. A note was left in the window stating why and what we had done and they should telephone us or our solicitors. Our solicitor has now advised that we do not hand over keys, until she provides a list of what she has taken and where are our personal possessions (childhood).

Solicitors are advising us to commence court action against sister.

A couple of questions:

*Is there any difference between chattels and personal chattels?
*Has anyone had any experience of this? Did they win at court?

Any advice/help/comments really would be appreciated.

Since changing the locks, I have seen herself, her husband and their eldest son at the home, reading the sign we left.

getmore4less

*Is there any difference between chattels and personal chattels?

this might help
http://www.hmrc.gov.uk/helpsheets/hs293.pdf

I don't think there is in this context.

There may be property that was not owned by mum, like your own peronal items that were in the house.

What has the solicitor advised the costs will be.

madbadrob

What court action is the solicitor recommending?

Rob

Mojisola

aw0603 wrote: »

In my post of 11.1.13, I was asking for peoples opinions on whether to instruct locksmiths, try talking to her (again) or seek advice from another solicitor (instead of the one who was dealing with the estate who the eldest sister had instructed).

I decided to seek help from another solicitor on 14.1.13. They have been trying to liaise with sisters solicitor and request access to the house and that nothing should be removed from the home. They have not responded to the letters/requests.

Is that your sister's personal solicitor or the one she has instructed to deal with the estate?

I thought that someone had advised you and your other sister to write to the one your sister had appointed to stop dealing with the estate as two of the executors had not agreed to his/her appointment.

Did you discuss that with the solicitor you are now dealing with?

aw0603

We decided to instructed own solicitor (2nd) to act on our behalf and to point out to the solicitor that my sister appointed (1st) that we have not instructed him.

Out solicitor has requested a copy of the entire estate file but has not received it.

We are going to see a senior partner next week to discuss options/what to do next but small claims court has been mentioned. Costs have not really been mentioned yet except for that it is believed we would win and she would have to pay personally.

We have also been told to not hand over replacement keys until we have received our personal items back and/or our solicitors letters are responded to.

If my sister submits bills to her solicitor (who is managing the estate) will he pay them automatically, or should we have to agree them? eg the funeral (which she organised solely) or storage units if she has stowed the stuff

Is the solicitor she has instructed, allowed to act on behalf of the estate and her personally, if we were to go to court?

madbadrob

Firstly the small claims court would require you to pay your solicitor to attend there and it is not always the case that your expenses are ordered to be paid by the court.
The solicitor instructed by your sister once he receives a notification of intent to stop all further action on the estate until a court as decided the outcome should not pay anything out as technically it is no longer available to be used. As for whether he can act on behalf of her and the estate then yes because she instructs him to deal with the estate. He is her client not the estate

Rob

bylromarha

Are there specific things you know that were in the house?

And are you prepared for the fact that your sister may have done numerous trips to the tip?