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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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Is it advisable to go down the court route to get an executor

Customer Question

Is it advisable to go down the court route to get an executor (my brother) removed. He will not start probate proceedings it is one year since my mother died, ( he is living in the property my late mother owned) My elder sister is also an executor my younger sister and I are one of the four sibling due to inherit. The estate is not worth much more than £400 000 could we risk looseing most of that in litigation costs.He lived at the property before she died and has a flat he rents out for profit, He has not worked for 5 years.He has changed the locks on her property (before she died and was in hospital) and will not answer door/phone/email we have sent one legal letter but to no avail,His response was that he was living there when my mother died and is looking after the property/insured etc

We (last January 2014) visited my mothers house (she died 19/09/2103 to remininse and try to sort her belongings but it became a very ugly scene as he said not to touch anything. It was very upsetting and the police were called as my older sister co-executor felt threatened My mother left a will and letter stating what she wanted to happen afer her death. She also had all her children made power of attourney prior to her death. She had my brother removed from this the day before she died as she was upset he changed the locks on her house not allowing me to go in to collect clean nightie etc for hospital.) he is ot aware of this).Can we without going down the long expensive legal route has him removed by eviction. Are we able to do this . Has he got some sort of right to live there because as he says he lived there before she died. She has left a letter to all of us jointly asking that when it comes to selling the house to all try to agree together, little knowing he wouls behave like this (i think)

Submitted: 2 years ago.
Category: Law

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