Need advice about wills, probate etc

Locky01

Hi all I've just joined the forum for some advice as I'm in a difficult situation..

Mum is 90 has Alzheimer's and is very vulnerable. She still lives in her own home which she owns.

Now the problem is my older brother still lives with her he's 55 and a drug addict he's worked full time all his life then got involved with drugs over 20 years ago he's now lost everything and has large debts including owing drug dealers. Mum has had a brick thrown through her window not long ago because he wasn't paying his drug debts. He's stolen large amounts of money from her in the past so I now have her debit card as advised by the police and social services.

Mum refused to do power off attorney when she had capacity which has made everything more difficult so the only option was deputyship. Social services said I either apply for it or they will so I agreed to let them do it and that was back in April and I'm still waiting. I don't want the responsibility of managing her finances anymore. Because I have her card my brother pressurises her into getting cash from me. It's awful listening to her begging me for cash in tears but can never say why she wants it so i know it's for him. Even though he has worked full-time all his life mum has always paid all his bills leaving him to spend his weekly wages on drugs. He's regularly using class A drugs in her house.

My brother has told mum when she has gone that he's going to move some of his friends into the house. All his friends are involved in drugs. This has obviously caused me a lot of anxiety. He has no money at all so couldn't pay any bills and I definitely don't want any of his druggy friends in the house. I don't even want him in the house on his own which means I will have to spend a lot of time there to keep a close eye on him.

As you can see I'm in an awful situation.

The Will is 50/50 and its with a local solicitor.

Does anyone know what the solicitor dealing with the Will would do in this situation? I know they will apply for probate but what will happen whilst waiting for that? Surely he can't live in the house as he has no money? Any advice at all? 

Thankyou

Keep_pedalling

That is a very difficult situation, have you spoken to social services about this?

Locky01

Keep_pedalling said:

That is a very difficult situation, have you spoken to social services about this?

Hi yes social services are fully aware of the situation.

Keep_pedalling

Applying for deputyship is a long winded process (which is why all adults really should put LPAs in place well before they become elderly) so I am not surprised hit is still not in place, but I would chase SS on where this currently sits.

Evicting him is not going to be easy, but if he is using A class drugs then the police should be involved.

Locky01

I think I'll have to make an appointment with the solicitors who would deal with the Will and explain the situation to them and hopefully they can give me some idea as to what will happen with regards to my brother.

Keep_pedalling

If your mother has to go into care then the house is likely to need to be sold to pay for her care so the issue could need sorting long before she dies.

magshe

my brother and I are main beneficiaries of our older brothers will ,few queries re the solicitors who are the executers,
It  is 4 years  since Barrie died and left all assets to my brother and myself   apart from 2 not too large amounts to other beneficiaries    they have been paid by the solicitors plus interest ,  the solicitors  have paid this out of our  accounts, surely the solicitors should be paying because they had all the information needed ,

and they have also used another solicitor to recover monies that had already been sent to them after receipt of probate   also council tax bills had been wrongly  adjusted and the solicitor had not noticed this and informed the council,   all of this is charged from our inheritance does any one know where can get help  thank you for reading
i 

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