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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My only brother-in-law and sister are in charge of sorting

Customer Question

My only brother-in-law and sister are in charge of sorting out my fathers will and estate on his death.

This seemed like a sensible decision for various reasons but duee to some recent bad feeling after my mother passed away a while ago it does not.

I now want to change it as there is bad feeling between us now which I feel will not improve.

My father finds it difficult to make decisions and is 85 years old.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is Al and am happy to assist you with your enquiry.

Could you please confirm exactly what you would like to change- is it the appointment of your brother in law and sister as Executors to your Father's Will?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 2 years ago.

My concern is when my father dies I will be on my own entirely as well as homeless as at present I am carer for my father and it is in his name only.


 


Things as I said have worsened significantly between me and my remaining next of kin my sister

Customer: replied 2 years ago.

My sister and brother-in-law are the only ones at present who legally are responsible to sort out my fathers finances.


 


I want to rectify this not necesarilly change them as executors of his will.


 


I also wish my father to leave specific written instructions over his funeral arrangements and subsequent intornment of his and my mothers ashes which he has done verbally to me and i have passed onto my brother in law


 


This is predominantly where the problems started before if you understand fully


 

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does your father still have mental capacity?
Do you mean that he has given them Power of Attorney?
Clare
Customer: replied 2 years ago.

My brother - in - law Richard sorted out my deceased mothers financial affairs on the say so of my father.


 


My only sister also helped to sort this out to a lesser extent.


 


My sister has since unfortunately had a nervous breakdown and my father is 85 and very undecisive getting more forgetful and bad tempered etc.


 


I am my fathers carer his only son Peter

Customer: replied 2 years ago.

No they are the executors of his will.

Customer: replied 2 years ago.

My sister is NOT compus mentus in my opinion after a nervous breakdown and is now on medication

Expert:  Clare replied 2 years ago.
Hi
Concentrating on your father's mental condition - are you saying that he no longer has mental capacity?
Clare

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