Uncooperative Sibling

Mr_Gnu

Hi,

We were clueless so went to CAB but in this time one sister told the other that we were looking into what to do, so she applied for LOA,

My brother couldn't cope with the stress so took his caveat off so only mine is on but runs out soon and i've no confidence in my new solicitor so fairly stressed now.

Mr_Gnu

Met with solicitor and paid for caveat to be renewed so panic over.

Sol said she could possibly swindle us if we didn't put it on and I believe she would if she could.

So as getmore said I think the bone of contention is one of us being made an administrator of LOA, but as of last March just before the last caveat went on she wasn't budging and 'had no intention of removing her instructions' from her solicitor.

Sad how one person can stop three from getting an equal share of a small inheritance.

Mr_Gnu

Update.

Uncooperative sibling has contacted sister to say she has no idea why I have caveat on and sister has contacted me to ask why, I said because I don't trust her and our first solicitor found she has emptied Dads bank account in April 2014 and I need to be made an administrator at bare minimum though I dont know why tbh but our new sol said he will write to the unc sibling and try to sell the house for us.I told sister caveats will stay on until she cooperates and the four of us can share the estate equally.

How long should I wait 'til my sol gets back to me? Caveat was renewed a couple of weeks ago.

g6jns_2

Mr_Gnu wrote: »

Update.

Uncooperative sibling has contacted sister to say she has no idea why I have caveat on and sister has contacted me to ask why, I said because I don't trust her and our first solicitor found she has emptied Dads bank account in April 2014 and I need to be made an administrator at bare minimum though I dont know why tbh but our new sol said he will write to the unc sibling and try to sell the house for us.I told sister caveats will stay on until she cooperates and the four of us can share the estate equally.

How long should I wait 'til my sol gets back to me? Caveat was renewed a couple of weeks ago.

If you can prove the money was stolen from the bank account go to the police. How was it possible for the money to be taken? If the bank did not have authority then they are liable to return it.

Mr_Gnu

g6jns wrote: »

If you can prove the money was stolen from the bank account go to the police. How was it possible for the money to be taken? If the bank did not have authority then they are liable to return it.

I have a letter in front of me from first sol saying so from the bank that it was released to her (unc sib) five months after my Dad had died .The point is I think that it shows she is untrusworthy.My sister said that the unc sibling said she took the money out to pay bills.I have no idea how this can happen it's like some sort of nightmare how there seems to be no proper system in place to protect people and ensure estates are shared out equally.

G6JNS

Mr_Gnu wrote: »

I have a letter in front of me from first sol saying so from Lloyds bank that it was released to her (unc sib) five months after my Dad had died .The point is I think that it shows she is untrusworthy.My sister said that the unc sibling said she took the money out to pay bills.I have no idea how this can happen it's like some sort of nightmare how there seems to be no proper system in place to protect people and ensure estates are shared out equally.

The bank will only have released the funds if they were given an indemnity. Releasing funds to pay the funeral expenses is quite common. It seems that you and the other parties including the solicitor need to start communicating to get matters sorted.

Mr_Gnu

Funeral expenses were paid by insurance.No idea what an an indemnity is, so she could have taken the money legally?I was hoping to use that to make her cooperate.

Mojisola

Mr_Gnu wrote: »

Funeral expenses were paid by insurance.No idea what an an indemnity is, so she could have taken the money legally? I was hoping to use that to make her cooperate.

She could have taken it legally but she can't legally keep it all for herself when there are other beneficiaries.

Mr_Gnu

Mojisola wrote: »

She could have taken it legally but she can't legally keep it all for herself when there are other beneficiaries.

Another ray of hope squashed. She has kept it all for herself for nearly eighteen months.

iammumtoone

I don't know the law and in your situation I would need to employ a solicitor as well, as I would not feel comfortable doing everything myself.

But what I would be doing and you can, is do some of the work yourself. You could contact the bank in question and get hold of copies of the paperwork and withdrawal signature(s) for your fathers account. Take this information to the solicitor to check that the bank has followed correct procedures and to see if you are can get any back from your sister.

Doing the smaller easier tasks like the above will save you money (you don't want to be paying the solicitor for something you can easily do) and hopefully move things along quicker.

Good luck, it sounds very stressful.