Wills, probate, executors and the law - HELP PLEASE!

[Dons2008]

Hi Theywontwin

 

I myself am dealing with Probate, regarding my late partner dying intestate in 2000 and our son having a share of the estate.. As you may have found out, Probate is a messy can of worms and not nice to deal with.

 

From what I know, the executors shouldn't have made any movements on the assets before Probate was granted - if they have, and the estate suffered a loss, there MAY be potential to recover this - you would need this confirmed of course, and to find out your complete rights in this aspect.

 

Regarding informing you as to the sale of the house - I am assuming you are a beneficiary of the estate? - I do believe you have the right to be kept informed of movements of assets forming the estate, again, seek confirmation of this.. If you believe you are being deliberately kept in the dark over affairs within the estate and certainly if you believe intermeddling of the same is happening, I do know that court orders could be made to remove administrators/executors from wills/probate if acting improperly, that is, not in the interest of the estate nor beneficiaries; and for any hidden info to be presented.

 

As every case is different and Probate law is very complicated, I would speak either to C.A.B. or a Probate specialist who can advise you 100% accurately in respect of your position and your next movements.

 

Keep posting your progress and good luck

 

Dons2008

[Dons2008]

Hello again... and OMIGOD!!!!!!!

 

I cannot*** CANNOT*** believe what you have been subjected to.

 

That is disgusting. The council tax issue we dicussed in the 'Council Tax levied even when you're dead' thread - regarding the death cert and the strong letter via recorded delivery - do the same for all the utilities that are still mailing your blessed mum. Keep copies, recorded delivery POD's, everything.. If this should go to court this will form your evidence (or part of it!)

 

As for the solicitor - you write to her and tell her you wish to be kept informed of all the progress being made regarding mum's estate. If she is rude to you again, you tell her you will make a formal complaint about her to the Law Society, and recap the situation you described earlier when she said she hoped you weren't asking for money. That is completely unprofessional and she has made herself look awful.

 

Please please get advice regarding the execs and that they made decisions about assets in the estate before the Probate was granted - if they were within their rights then at least you know for sure. Find out if you have any legal right to apply for their removal as execs of the estate - again, if you don't have the right to do this at least you know for sure. I am sure that the fact they haven't even contacted the utility companies and the local council may hold some sway. They have had since October to do this and this could go against them.

 

The execs have a duty under law to liquidate all assets and pay all debts and they ALSO have a personal responsibilty for tax and a personal responsibility to beneficiaries.

If you wish to contest an executor with a view to having them removed and wish to be an executor yourself, I do believe that this is possible - as far as I am aware, the only person who cannot be an exec is a witness to a will. If you wanted to go down this route you would have to get some sound advice re this. Bear in mind that an exec can reclaim nearly all the costs of proving and executing a will so this shouldn't be too much of a burden. It may be the best way forward so that you know everything is taken care of properly...

 

I am not trying to put words in your mouth, nor ideas in your head but these are points to consider very carefully inmaking sure your mum's wishes are met.

 

Dons2008 x

[Dons2008]

HI Theywontwin

 

Stick at it and grit your teeth - these things are never easy I know but from what I can see (and I'm not an expert!) you seem to have a good case. With the right advice and guidance, things will even out for you I promise...!!