Executor help 30 July at 8:49AM in Deaths, Funerals & Probate 3 replies 292 views

mrsskepta18

This may be long but I will be as brief as I can, I’m looking for some advise on the following, my Nan unfortunately passed away and her will with the solicitor states that’s myself and my uncle are joint executors. He is currently being investigated by the office of the public guardian for misuse while she was alive, he refuses to talk to me and won’t let me anywhere near the house so I am truly stuck, her will was dated 13th January 2016 which is absolutely fine as I was with her and my uncle in the solicitors at the time, he is now saying she changed her will at a later date (he’s saying) and Left everything to him, she was diagnosed with dementia which Left me reeling as I know she would not have had a clue what she was doing in the later part of her dementia, Which is why she set her will and LPA. The solicitor completely messed up the LPA and my uncle has taken it upon himself to take over all her accounts and do what he’s wanted with them, he’s lived with her rent and bill free for over 5 years, has never worked and doesn’t have an income so I know he was living off her at that time. It’s all very complicated but I am really stuck because now he won’t talk to me or communicate in any way, I have already had her bank accounts frozen to stop him getting more money as he was still using her accounts when she had passed away which is diabolical. The bank the solicitor and everyone is aware of the situation, the office of the public guardian are investigating him, social services  were also aware and I have every email to prove the battle I have had with him. I have little faith in her current solicitor as they have already made mistakes but I am at a complete loss as what to do now as he refuses to communicate and is still living in her home? Any advice would be great 

xylophone

Do you have your own solicitor?
If your uncle claims there is a will which postdates the one naming you as executor, has he produced it?
Have you taken legal advice on your own account?

Marcon

mrsskepta18 said:

This may be long but I will be as brief as I can, I’m looking for some advise on the following, my Nan unfortunately passed away and her will with the solicitor states that’s myself and my uncle are joint executors. He is currently being investigated by the office of the public guardian for misuse while she was alive, he refuses to talk to me and won’t let me anywhere near the house so I am truly stuck, her will was dated 13th January 2016 which is absolutely fine as I was with her and my uncle in the solicitors at the time, he is now saying she changed her will at a later date (he’s saying) and Left everything to him, she was diagnosed with dementia which Left me reeling as I know she would not have had a clue what she was doing in the later part of her dementia, Which is why she set her will and LPA. The solicitor completely messed up the LPA and my uncle has taken it upon himself to take over all her accounts and do what he’s wanted with them, he’s lived with her rent and bill free for over 5 years, has never worked and doesn’t have an income so I know he was living off her at that time. It’s all very complicated but I am really stuck because now he won’t talk to me or communicate in any way, I have already had her bank accounts frozen to stop him getting more money as he was still using her accounts when she had passed away which is diabolical. The bank the solicitor and everyone is aware of the situation, the office of the public guardian are investigating him, social services  were also aware and I have every email to prove the battle I have had with him. I have little faith in her current solicitor as they have already made mistakes but I am at a complete loss as what to do now as he refuses to communicate and is still living in her home? Any advice would be great 

I never fail to be amazed that people post brief details of difficult and complicated situations here in the vain hope that someone will be able to wave a magic wand, or suggest a quick fix. Surely you recognise that you need specialist legal advice from a lawyer instructed by you and given sight of all the documents, together with a summary of all the facts?

wizzywilc

I have sometimes posted about quite complicated situations, and have always received helpful and considerate advice. 
People use these boards for all sorts of reasons: to let off steam, help them think through options and to understand what may and may not be possible. It may help to have some background understanding of matters before instructing a solicitor.
The best advice I can give the OP is to think carefully about what she really wants to achieve, to keep good records of her interactions with the bodies involved in the situation, and to try not to let anger and emotion get in the way. Which can all be hard when you are mourning the loss of someone you cared about.