Probate Problem

Yorkshireman99

Keep_pedalling wrote: »

Don’t think we have enough info to make a judgment on that as yet.

Really? The second executor has refused to cooperate for over a year. That is ample reason to apply to have him removed as exceutor. He will find it almost impossible to convince the court that he is a fit person to be excutor. Furthermore why has the OP's solicitor taken so lonng without suggesting action? The OP has good grounds for asking for costs on an indemnity basis.

Pit-Stop-Phil

Keep_pedalling wrote: »

Maybe he is just trying to force you into agreeing a more equal distribution of the estate. You have not said why you are inheriting more than him, but one option open to you is to offer a more even distribution. Depending on the size of the estate this may be the cheaper option.

Unfortunately treating your children very differently then expecting the loser to always give in graciously is asking a bit much and your mother really should not have made him one of her executors under these circumstances.

I gave up everything to move in with her and be her full time carer for the last 4 years of her life. She didn't want to go in a home. My brother who only lived a mile from her, used to visit on average every 6 weeks. I didn't do it for the money and was very surprised on receipt of the will, following her death. It was so unlike her to favour one child. She left me her bungalow valued at 85k and savings of 15k to be split. My mother would have expected him to have respected her decision as he has more money than he knows what to do with.

Pit-Stop-Phil

getmore4less wrote: »

IF you are prepared to pay someone to do the work any reason you did not ask the firm holding the will to take on the work?

On receiving a copy of the will in November 16, my brother made contact with the firm because he wasn't happy about me being the main beneficiary. I did ask them to act on my behalf, but because there was a chance at the time that he was going to contest the will, they decided it was better not to.

Pit-Stop-Phil

Yorkshireman99 wrote: »

I think you need is a firm who specialises in what is known as “contentious probate”.

Thanks Yorkshireman99

Crabapple

By the sounds of things you need to get a citation issued to him. This forces him to either act or renounce his appointment.

Technically he can't be removed as executor because he hasn't taken up the appointment.

This should have already been suggested to you so definitely time to look for a contentious specialist as suggested.

Pit-Stop-Phil

Crabapple wrote: »

By the sounds of things you need to get a citation issued to him. This forces him to either act or renounce his appointment.

Technically he can't be removed as executor because he hasn't taken up the appointment.

This should have already been suggested to you so definitely time to look for a contentious specialist as suggested.

Thanks Crabapple