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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 6967
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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My mother passed away in August, my younger brother has lived

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My mother passed away in August, my younger brother has lived with her for some years. She always said there was a roof over anyone's head if they were on the street. Since then my elder brother has moved in although he has 2properties that he can stay in and has given he's address has one of these properties. My younger brother pays community charge. I am a brother that has just split with my partner and staying there temporary, I suffer with COPD[cronic obstructive polmonry deciese] and my elder brother chain smokes, I was at the hospital all yesterday through inhaling smoke. The elder brother is executor of the will and feels he has the right to do anything he pleases smoke where he likes and do as he pleases. Hope a have explain clearly.
Submitted: 1 year ago.
Category: Family Law
Expert:  michael holly replied 1 year ago.
The duty of your elder brother as Executor is to wind up the estate of your mother either in accordance with the terms of any Will she might have left or in accordance with the terms of intestacy law if she left no Will.This does not give him any special rights or privileges he should get in any monies that are entitled to your mother's estate, pay any debts and distribute the remainder among the beneficiaries.Unfortunately this does not assist either way with his issue of smoking in the house, which is due to a total lack of consideration for you, in particular, and others. However he should note that since he is aware of your condition and the consequences, your having to attend hospital all day yesterday that should you suffer harm as a consequence you may be able to make a personal injury claim against him.I hope this helps. If there are any further points kindly reply and I will be happy to respond.Best wishesMichael
Customer: replied 1 year ago.
Thank you Michael , he has no right to tell me to leave. There are eleven beneficiaries , do they have the right to tell him to leave.
Expert:  michael holly replied 1 year ago.
He has no right to tell you to leave. He does not own the house he is simply the Executor.
However, by the same token the beneficiaries have no right to tell him to leave.
As indicated in my answer this is really about respect and being considerate. 11 beneficiaries can definitely tell him to have a cigarette in the garden like most considerate smokers would , particularly, given your health situation, otherwise leave.
Michael
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