Dad died, mum homeless, all helpless, long read sorry uk

madbadrob

I think you have a number of issues here.

You cant remove an executor before probate was granted because until they start legally acting on the estate you cannot say they will administer it incorrectly. So yes you can act now and in fact I would suggest you do. Unfortunately yes this will cost the estate unless you win and a court decided that they should pay the legal bill from their own pocket but this would be unlikely.

Just because your father left provision in his will for the people that are doing the 'work' doesnt mean they cannot charge for the work they have done. (note this does not include executors who can only take back out of pocket expenses)

I dont see how you can claim your fathers solicitor is acting improperly. You have no idea what advice he has given the executors and you dont know if they have heeded the advice or ignored it.

To be fair this is far more complicated than you realise and the only real advice I can give other than what I have said before is to talk to your solicitor about it and ask what he would advise. He would be in a better position to advise legally than myself

Rob

John_Pierpoint

What is the nature of the business?
What sort of profit do you think dad was making each year?
What is dad's property (real estate) worth?.
What sort of role did you and mum play in the family business?

I grew up in an environment where most of the people in the road were self employed or had a private company - very often the male executive owner could keep several balls in the air and for as long as he was alive, compos mentis and in touch with his established customers, there was no problem.

However often these heads of the family had very little in the form of net capital, so when they suddenly popped their clogs, unless they had seriously large life insurance policies,. there was a sudden and severe shortage of cash.
Those with prior claims, such as HMRC and the banks have to be paid off somehow.
We need to understand the priorities in the will.
Is the business worth anything ?
Does the property have any potentiating for repair or redevelopment? what is so wrong with it, that mother is unable to live there?

I don't know how old you are, but I was 21 when landed in this sort of a situation, and touch wood, my parents were not just about to become grand parents. It was about 20 years before I got the last of my father's debts off my back and yes I got treated like the poor relation during those 20 years.
So did my 17 year old sister and certain situations still rankle with her. 45 years later.

HMRC like to see an interim account and payment, if owing, within 6 months, to avoid interest payments. Why do you think it is reasonable to demand accounts within the executor's year?
I am surprised that the relations with the executors have deteriorated so fast or is there some sort of back story that has not been explained.

Ap_hazard_42

Thank you Rob for your help. After discussing the options with my mum, we believe we have no choice but to pay whatever is being asked. We have no confidence in the legal system and very little funds to fight with.

We have to let the executors know what to do next. But I would like it to be noted in the letter that we are unhappy that my cousin is being paid when he is being given a large legacy. Also that the executor should not be paid for his time. After all he is also inheriting money from the estate too.

How could I write this without implying that if I change my mind later that I could still personally sue the executors later down the line? I don't want to threaten sueing the executors as this is inflammatory and we cannot afford more letters with more insults thrown at us.

This will be my last question. If anyone can help pls do. I do appreciate the advice.. It helps clarify our situation as sometimes I cannot see the wood for the trees.

Thank you

Ap_hazard_42

Hi John pierpoint, thank you for your comments. Sorry to hear you have been having a rough time. It's not the most pleasant time we have experienced as a family. I will think about your questions and get back to you.

madbadrob

Ap I think you would be hard pushed further down the line to do anything if you accept it now. I would have the solicitor write the letter because he would know how to word it.

As I have said before the executors can ask anyone to do work on the estate so long as it is to improve the estate for the beneficiaries. You need to know what the cousin is doing first before you accept anything.

Good Luck

Rob

John_Pierpoint

I think the main problem here is that more income needs to be generated to finance the situation.
Perhaps the business needs support so it can be sold as a going concern.
Perhaps the property can be improved/redeveloped.
Perhaps mum and daughter can work double shifts.

I was rescued by 1970's inflation and a few more relatives dying [and working double shifts].

Mojisola

Has your solicitor suggested challenging the will on the basis that your father has not made ‘reasonable financial provision’ for his wife.

Ap_hazard_42

Hi mojisola, yes he did then told us that we wouldn't win. This was of course after sending a letter to the estate solicitor informing them that my mum was considering the option!

Why send a letter to the estate solicitor then tell us afterwards that we have little chance of winning. In fact he said the court would proberbly remove my cash legacy and give it to my mum before the judge would take my cousins legacy. I don't understand I am his only child!!!

The law doesn't fill me with confidence.

Still not sure what to do.

Mojisola

Ap_hazard_42 wrote: »

yes he did then told us that we wouldn't win. This was of course after sending a letter to the estate solicitor informing them that my mum was considering the option!

Why send a letter to the estate solicitor then tell us afterwards that we have little chance of winning. In fact he said the court would proberbly remove my cash legacy and give it to my mum before the judge would take my cousins legacy. I don't understand I am his only child!!!

The law doesn't fill me with confidence.

The law or your solicitor? How much confidence do you have that he is any good?

Ap_hazard_42

By the way, my father has not been married before his original family are brothers, sisters and their children! For some reason we don't seem to fall into the same category .

It's getting more like a soap opera... ;0)