Probate

P2P

There is only one other inheritor of the will contents and they have not been asked the same questions

Yorkshireman99

P2P wrote: »

The estate size doesn't warrant IHT

In which case politely ask the executor to justify their request. It is certainly not a normal part of probate.

P2P

Further to my previous post can I potentially stop probate from progressing as I am not happy with the way the estate is being managed.

There are a number of reasons;

1 I have been denied access to my parents property as my brother (executor) had changed the locks

2 I believe the estate administration should be from the point of death and not before, and despite advising payments made to me by my father before his death were gifts I am being threatened with this money being taken from my share of the estate when it is settled

3 I paid for the wake and funeral, but to date I have not be reinbursed for the wake

4 My brother has submitted his own expenses for flying of from Spain (he lives there), hiring a car etc to enable him to deal with the estate, but my own expenses for looking after the house since my father passed are not being considered. I needed to travel every weekend to check on the house or the house insurance would become invalid. I am cleaning my fuel costs at 47p per mile.

5 My sister took money from my fathers wallet when she visited and after he had been admitted to hospital which was in fact cash I had given to him before he died. She spent this on food, fuel etc and I have a
witness to this effect. Indeed my sister has even admitted in a solicitors letter that she did this. Is this theft?

6 My brother and sister have already removed items that they claim were gifted to my parents and subsequently they feel they should have these back, again can they do this or is this effectively theft. My sister helped herself to all of my mothers jewellery for example but is claiming Dad gave this to her as a gift. This can't be possible as she took the items after he suffered a very severe stroke and sadly died shortly afterwards.

7 My brother has included payment to a care company in the estate settlement figures. I have previously contested the care companies bill as they did not provide the service they claim they provided. I was there, my brother and sister were not, and I the home helper also witnessed this poor behaviour from the care company. My brother is effectively paying money from the estate that is not owed.

All in all I do not feel the estate is being properly managed, and would like to know if I can do anything about this. I have written to the solicitors and made an official complaint, but am not sure if this is the correct process to follow.

Any advice would be much appreciated.

Yorkshireman99

P2P wrote: »

Further to my previous post can I potentially stop probate from progressing as I am not happy with the way the estate is being managed.

There are a number of reasons;

1 I have been denied access to my parents property as my brother (executor) had changed the locks

2 I believe the estate administration should be from the point of death and not before, and despite advising payments made to me by my father before his death were gifts I am being threatened with this money being taken from my share of the estate when it is settled

3 I paid for the wake and funeral, but to date I have not be reinbursed for the wake

4 My brother has submitted his own expenses for flying of from Spain (he lives there), hiring a car etc to enable him to deal with the estate, but my own expenses for looking after the house since my father passed are not being considered. I needed to travel every weekend to check on the house or the house insurance would become invalid. I am cleaning my fuel costs at 47p per mile.

5 My sister took money from my fathers wallet when she visited and after he had been admitted to hospital which was in fact cash I had given to him before he died. She spent this on food, fuel etc and I have a
witness to this effect. Indeed my sister has even admitted in a solicitors letter that she did this. Is this theft?

6 My brother and sister have already removed items that they claim were gifted to my parents and subsequently they feel they should have these back, again can they do this or is this effectively theft. My sister helped herself to all of my mothers jewellery for example but is claiming Dad gave this to her as a gift. This can't be possible as she took the items after he suffered a very severe stroke and sadly died shortly afterwards.

7 My brother has included payment to a care company in the estate settlement figures. I have previously contested the care companies bill as they did not provide the service they claim they provided. I was there, my brother and sister were not, and I the home helper also witnessed this poor behaviour from the care company. My brother is effectively paying money from the estate that is not owed.

All in all I do not feel the estate is being properly managed, and would like to know if I can do anything about this. I have written to the solicitors and made an official complaint, but am not sure if this is the correct process to follow.

Any advice would be much appreciated.

Stopping probate willl be exoensive and difficult. You would have to prove to the court that there were good grounds to remove the executor.

1. Changing the locks is a prudent move to prevent anybody who hada key gaining access. You have np legal rigth of access unless you have a share in it.
2. Who has threatened you? Any legimate payments by your father are rreimbursement or gifts. Neither are repayable to the estate.
3. You should be reimbursed,
4. Yiur brother's expenses are borderline since he probably attended the funeral on the same trip. Your trtavelling costs are legitmate but it could be cheaper to get someone local to do the task for less.
5. Unless your father authorised it then it is theft but proof is the problem.
6. Again the problem is proof.
7. Only legitimate debts of the estate are payable. Proof is again a problem.

You have not who the executor(s) are. Putting the solicitors on notice is a good move.

P2P

1 I am a beneficiary so have a share in the estate so do not believe access can be denied

2 the solicitors have advised that any money I have been paid will be taken free m my share of the estate despite being advised this was gifted

3 I have advised the solicitor as such and am still waiting for payment

4 my brother did not attend the funeral and is claiming for costs as the executor to need to attend the Uk to resolve the house sale. Re my own expenses I have only been told they are being considered and I would like these confirmed. I am not attending anymore

5 my father did not give permission as he was incapable having suffered a stroke

6 presumably the same rules also apply to me then and anything gifted by me I can take?

7 I have a witness that has provided written evidence that the care provided did not align with the invoice

My brother has obtained a grant and has appointed a solicitors

Thanks

Yorkshireman99

P2P wrote: »

1 I am a beneficiary so have a share in the estate so do not believe access can be denied

2 the solicitors have advised that any money I have been paid will be taken free m my share of the estate despite being advised this was gifted

3 I have advised the solicitor as such and am still waiting for payment

4 my brother did not attend the funeral and is claiming for costs as the executor to need to attend the Uk to resolve the house sale. Re my own expenses I have only been told they are being considered and I would like these confirmed. I am not attending anymore

5 my father did not give permission as he was incapable having suffered a stroke

6 presumably the same rules also apply to me then and anything gifted by me I can take?

7 I have a witness that has provided written evidence that the care provided did not align with the invoice

My brother has obtained a grant and has appointed a solicitors

Thanks

1. You are simply wrong. The executor is the one responsible for ensuring the property is secure and they can, quite correctly change the locks to prevent unauthorised access by you or anyone else. Beneficiaries have no legal right of access.
2. You can only argue this with the solicitor as he must justify such a coiurse of action. If need sbe make a formal complaint to his firm under their complaints procedure.
3. See 2,
4. It will probably be difficult to prove the flight was not a reasonable cost for an executor to claim unless it could be shown that he could have nhad the work done, at a charge, by anagent in this country that would of course have cost.
5. As I said before proof is the problem. It is your word against hers.
6. As I said before the problem is proof. It would be your word against theirs. The chances of proving it in court are very slim.
7. Provide it to the solicitor.

P2P

In your first reply you said access couldn!!!8217;t be denied if I have a share in it so why is my statement wrong. I have a 1 3rd share

Re proof that for example items have indeed been taken and that the cash in my fathers wallet was spent I have confirmation in the solicitors response letter that both actions have happened confirmed by my brother and sister. Is this proof enough?

Thanks

Tom99

P2P wrote: »

In your first reply you said access couldn!!!8217;t be denied if I have a share in it so why is my statement wrong. I have a 1 3rd share

Thanks

I thnk YM99 means that until your 1/3rd share is legally transfered to you, you do not have a right of access.

Yorkshireman99

Exactly! In any case the OP may well not have any rights regarding the contents.

Yorkshireman99

P2P wrote: »

In your first reply you said access couldn!!!8217;t be denied if I have a share in it so why is my statement wrong. I have a 1 3rd share

Re proof that for example items have indeed been taken and that the cash in my fathers wallet was spent I have confirmation in the solicitors response letter that both actions have happened confirmed by my brother and sister. Is this proof enough?

Thanks

In which case what does the solicitor say about recovering it from the culprit?