Urgent advice needed - contentious probate

SDel

I believe my sisters last will was made under duress, by someone who is only interested in asset stripping the estate.  I've been dealing with a solicitor, as has the other party, but I'm not sure my guy has been very thorough.  The basis of this is that despite 2 letters from the other party's solicitor asking specific questions, he has basically fobbed them off, and they are now saying the will is valid, the other person is sole executor, and despite not having probate granted, they have allowed the other person to change the locks on the property, and are demanding that I release the funds from my sister's bank accounts and so on.  Previoulsy I have been falseley accused of dishonesty, and the other party's solicitor has taken everything he has told her at face value.  I have those funds because my name was on everything as her power of attorney, and when I told the bank she had died they closed the accounts and released the  money to me.  This latest letter arrived with my solicitor last week, and I have only just seen it.  
I don't know whether to sack this guy or what to do.

Brynsam

It's impossible to follow your post, with so many confusing references to other party/him/her/they etc. Who 'have allowed the other person to change the locks'? The executor named in the will doesn't need consent from 'them', whoever they are, even if probate hasn't yet been granted.

Linton

You seem confiused, or I am from reading your Posting.  On two particular points you raise......

Your rights as Attorney disappeared when your sister died.  If you are holding money from herbank account you must pass it to the Executor.

The Executor has full rights over your sister's estate, so is certainly entitled to change the locks on her house, assuming she was the sole owner. Probate is only required to sell the house, not to change locks.

xylophone

I have those funds because my name was on everything as her power of attorney, and when I told the bank she had died they closed the accounts and released the  money to me.  

But your PoA ended with the death of the donor!

If you were not named as executor in the will, what right did you have to access these funds?

Did the Bank enquire as to whether there was a will and a named executor?

pphillips

Impossible to give advice on such an incoherent post.

JReacher1

If you’re not the executor and there is a valid will then I don’t see what you can do about this.  

You also shouldn’t really have your sisters money as it’s not yours and forms part of the estate now she has sadly passed away. 

It’s obviously an awkward situation and without knowing more details difficult to help but if your sister has left her estate to someone else there isn’t really much you can do. I don’t believe you have any right to a siblings estate If they die with a valid will. 

SDel

I'm sorry, I'm really upset and confused.  Basically, my sister was suffering from dementia, and was, I believe, bullied into changing her will, by my brother.  For 20 years I had relied on her promise of inheriting, as I couldn't afford a private pension, then at the last minute, she changed her will, made my brother primary executor and me secondary and split everything 50-50. 
3 days after making the change, she had no recollection of it.  I am questioning the validity of my sister's will, and have seen her medical records, so believe I have a case.  I'm waiting for the notes from the will taking, before I can do any more.  However, my brothers solicitor has written a few letters asking for information, which my own solicitor has not given.  Now I am faced with a letter saying he has changed the locks etc, but I wasn't sure of he could do that without probate, and whilst the will is being queried, and I feel that my solicitor has made things worse by not answering the questions he was asked by the other party.  I am now questioning whether I should just get another solicitor, as I feel the current one is not interested in fighting on my behalf.
For the record, am not being avaricious here, I suffer from osteo-arthritis, and really need to give up work, as I am past retirement age, but cannot afford to do so.  My brother has admitted he is only interested in getting money from the estate, and is intent on asset stripping the estate, sell everything as cheaply as possible and get the money . In fact, he las lied blatantly to his own solicitor about a number of things, and has even tried to avoid probate.
Does that make more sense?

SDel

The money, by the way, is in my account because there was another will which I thought was valid, (but turned out not to be) naming me as an executor.

p00hsticks

SDel said:

 at the last minute, she changed her will, made my brother primary executor and me secondary and split everything 50-50. 

Others may correct me if I'm wrong, but as far as I'm aware there's no such thing as 'primary' and 'secondary' executors - only joint executors. If you are both named as executors then you should be working together to deal with the estate.

Manxman_in_exile

Well, you've "relied on [your sister's] promise of inheriting" - and you have - she's left you 50%.  Promises don't mean anything, believe me - I've seen it in my own family.

The fact your sister was suffering from dementia and couldn't remember the new will the next day, doesn't necessarily mean she wasn't capable of understanding what she was doing the day before.  Some forms of dementia are accompanied by lucid periods where the unfortunate sufferer is fully aware of what they are doing.  However you look at it, I'd be surprised if the contemporaneous notes made by your sister's solicitor showed that she lacked capacity - otherwise they wouldn't have gone on with the will (I would have hoped).

If you are both executors, you should be acting together.

Of course all the above could be mistaken - see what others think.

By the way, the money really should not be in your account.

SDel

Manxman - I haven't exactly relied, it's been more of a safety blanket that's turned out to have a big hole in it.
The will is quite clear on executors - he is "Primary" and I am "secondary" so I can only step up if he can't or won't do it.
Sister had serious speech problems, was almost unintelligible at times, so I'm amazed she got as far as making a will, she said to me "He (solicitor) asked the questions and I answered them" a bit novel, as the notes were taken by a woman.
I would like us to act together, but we don't get on, and there's no point trying.  I'd rather appoint a legal entity to do it, then I can't be accused of stealing.