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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10279
Experience:  30 years as a practising solicitor.
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Dear Sirs, My Mothers will left her entire estate, which included

Customer Question

Dear Sirs,
My Mothers will left her entire estate, which included her flat between myself and younger Brother, we were both named executors . My Mother moved into a retirement home and took the key to her flat away from my Brother, as she wanted to give it to an estate agent for sale purposes and also she did not want my Brother and his family going in the property either before or after her death ( as she knew he was untrustworthy)
Her own key was missing the day she left her flat and she thought my brother may have taken it, as he took her from her flat to the retirement home.
Just a short time after her move my Mother passed away.
The estate agent rang and asked my permission to let my brother have the key to the flat to ' freshen it up' which it did not need. He was keen to get in as he thought there was. Money ( there was but it had been banked)
Now recently the Solicitor who is doing the probate has told me my Brother has a key and is going in and out of the flat, she said he is within his rights ( obviously with my Mothers missing key)
My question is what about my rights, should he have asked for my consent to go to the flat, as it is also half mine.
I hope you can advise me
Thank you
Kind Regards
Jenny Elston
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
As you at joint executors and beneficiaries you are both entitled to enter the flat. Neither can prevent the other from doing do so.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

DEAR SIR

THANL YOU FOR YOUR REPLY,BUT AS A SOLICITOR IS HANDLING THE PROBATE ON OUR BEHALF AS WE COULD NOT AGREE BETWEEN US. I DO NOT HAVE A KEY AND MY BROTHER GOT HIS BY BASICALLY STEALING IT FROM MY LATE MOTHERS HANDBAG,AS SHE DID NOT WANT HIM IN HER PROPERTY. SO SHOULD THE SOLICITOR WHO IS DOING PROBATE ON OUR BEHALF CONSULT ME ON THAT AND WHAT HAPPENS IF MY BROTHER GOES IN THGE FLAT AND TAKES AWAY ANYTHING OR INTERFERS WITH IT IN ANY OTHER WAY.

LOOK FORWARD TO YOUR REPLY

KIND REGARDS

JENNY ELSTON

Expert:  JGM replied 2 years ago.
Yes you should be consulted on everything to do with the estate.
JGM, Solicitor
Category: Law
Satisfied Customers: 10279
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Expert:  JGM replied 2 years ago.
Sorry, I also meant to add that your brother will be held accountable to the estate for anything he removes or interferes with.

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