Can anyone direct me on this awful situation

tomwalkerhome

My Father died..I had been looking after him for 7 years..my siblings acting as POAs and the Executor then ignored me and despite me writing that i needed to help with probate they completed without me...I found they had concocted a loan stipulation comprising most of my inheritance. I found out becuase I applied to the resulting Legacy Trust..the Executor wrote I could only get a benefit if I agree to this loan..essntially they wanted to characterise my expenses as a loan owing i.e all to be paid back.It never was a loan I never agreed to it..I have asked for details and have been ignored by the Executor...I believe this is blackmail..but in terms of Probate or Family Coury how can I get the fiduciary behaviors of the Executor and POAs brought to book..I have very li.ited funds

Linton

Your description is very confusing.  Are you saying that you paid for your father's upkeep and want it repaid from his estate?  Or did your father pay you for his upkeep and the executor wants the money back?  Or something else entirely?

How do the PoA siblings fit into all this?  Did all your fathers financial transactions go through them? They have no authority now since PoA ended on the death of your father.

Who is the executor - one of the family or a solicitor?

xylophone

What exactly did your father's will say?
Who was the executor?

Dox

tomwalkerhome said:

My Father died..I had been looking after him for 7 years..my siblings acting as POAs and the Executor then ignored me and despite me writing that i needed to help with probate they completed without me...I found they had concocted a loan stipulation comprising most of my inheritance. I found out becuase I applied to the resulting Legacy Trust..the Executor wrote I could only get a benefit if I agree to this loan..essntially they wanted to characterise my expenses as a loan owing i.e all to be paid back.It never was a loan I never agreed to it..I have asked for details and have been ignored by the Executor...I believe this is blackmail..but in terms of Probate or Family Coury how can I get the fiduciary behaviors of the Executor and POAs brought to book..I have very li.ited funds

Looking at your other posts, have you considered that the intention is to protect your inheritance from bailiffs, creditors etc?

Malthusian

tomwalkerhome said:

My Father died..I had been looking after him for 7 years..my siblings acting as POAs and the Executor then ignored me and despite me writing that i needed to help with probate they completed without me...

If they were executors and you weren't they were correct - they didn't need your help with probate.

You previously had chronic debt issues to the extent that when a bank to whom you owed £2,700 had to pay you £2,300 compensation, you were asking if you could make them hand you a £2,300 cheque (and presumably spend it) while keeping the £2,700 debt.

It is likely that your father acted very sensibly in drafting his Will to ensure that his estate didn't go straight to your creditors or get squandered. In this situation it is fairly normal to leave money to a discretionary trust instead of the chronically-indebted heir, ensuring the heir doesn't have any automatic right to capital (so their creditors can't claim it) but can still benefit from the money if the Trustees decide they would benefit. Or if the heir has a Damascene conversion, stops overspending and gets out of debt, the Trustees can pass them their share.

There is no evidence in your post that the Trustees acted wrongly or that you have not been reasonably provided for by the estate.

You are likely to find the Debt-Free Wannabe board more useful than this one.

The OP is unlikely to ever come back to this thread (4 posts, 0 replies).