Will executor nightmare

HobgoblinBT

This is a case where a solicitor should act to stand between you and your sister. Probate can be easy to diy until there is a dispute.

The solicitors will act in the interest of the estate and all of the beneficiarys and should not be swayed by anyone’s vested interests. They will follow established protocols as to whether the tenants of the property should pay rent, check and correct if necessary who is responsible for paying for utilities and generally follow the correct procedures according to the law. They will also save you a lot of potential hassle and heartache should your sister not agree with what is correct and fair in the circumstances. Good luck and please post an update in due course.

RAS

https://forums.moneysavingexpert.com/discussion/comment/81946715#Comment_81946715

The LPA ceased when mum died. But if there was one that person will have a good idea of her finances.

Depending on who it was, probate might be easier or more difficult, or the OP could find that funds in other accounts have already been stripped.

Midway2942

Just a quick update, my brother and myself have decided to go with the named solicitors in the will. We may win or lose financially but at least it will be done fairly with the least amount of hassle to myself. I'll keep you updated on the outcome.

Sea_Shell

So the solicitors confirmed that they will take the case on? And you posted about their fees.

Will they agree to wait for payment until the house sells, and the estate is liquidated?

Or will they want some interim payments from someone (you)?

Midway2942

Just thought I'd provide an update.

Myself and my brother had to contribute towards the cost of our step mothers funeral as according to my half sister, her brother had emptied his mothers account and gambled it all away (he has history for this). However, I've long since believed my half sister has had sole access to her mothers account for at least the last year or two, and has been withdrawing every spare penny and either putting it to one side or spending it herself.

I've filled out the solicitors forms and handed them in to them today. The fact that neither her or her brother can even provide me with their mothers NI number despite multiple requests for it just indicates to me they're hiding something. It'll all come out soon enough.

Can I just ask, where am I in regards legally with gaining access to the property they are living in? As far as I am aware there is no tenancy agreement in place, however with my half brother having lived there continuously for almost nine years now he will have some sort of rights? I'm not looking to evict them but it would be nice to know where I stand if (when) things get nasty.

Midway2942

Another update and I need some advice please.

As I expected, my half-sister has proposed her brother be awarded a larger share of the estate under an Inheritance (Provsion for Family and Dependents) Act claim. Basically she's after 25% of my brothers and my own share to go to my half-brother to help "Provide a better future" and secure enough funds for him to purchase a small flat paid for outright when everything has been settled.

Whilst this is clearly a blatant cash grab by my half-sister, as I know she will quickly relieve him of his share and leave him with nothing, it appears if it went to court it would be decided in their favour as obviously the claim has merit purely from a factual basis and his relationship with his mother in terms of dependancy.

There was nothing left in my step mothers account as her son had gambled away all the money in it, no idea how much but I'd estimate well into the thousands. Therefore my brother and myself were forced to pay for the majority of the funeral costs. The solicitor handling the estate has indicated he can apply to see her bank statements going back the last two years, but of course that would incur additional costs.

I am considering making a counter proposal agreeing to their terms, but in return all his gambling losses would have to be returned to the estate in the form of a reduction from his share. Obviously I know I have to take proper legal advice which I will do in due course but just hoping for a few opinions and advice in the mean time.

Edit: Just to add, I believe my half-sister has also taken a substancial amount for her mothers account for her own personal spending as well, but going forward I doubt I could prove that if it went to court.

RAS

It should be possible for the executor of any estate to get statements for the last 6 years (from now not date of death) easily.

Midway2942

https://forums.moneysavingexpert.com/discussion/comment/82050545#Comment_82050545

Without having to go through a solicitor?

Worried_fool

https://forums.moneysavingexpert.com/discussion/comment/82050547#Comment_82050547

When I served as an executor, I simply contacted the bank to request statements and there were no issues.

HobgoblinBT

As executor you should be able to get bank statements. These will likely show receipt of pension that includes the National Insurance number as the description.

Hope that helps.