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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been named as an executor for my mother who is deceased

Resolved Question:

I have been named as an executor for my mother who is deceased and so has my sister. My sister is being investigated for fraud of my mothers affairs and wont let me into my mothers house. what can I do as her son is living in the property but doesn't pay anything towards the bills and she is now moving her other son into the property. what can I do
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
When did your mother pass away?
Who is investigating your sister?
Who benefits from the Will?
Clare
Customer: replied 3 years ago.

My mother passed away 11th September 2014. The Dorset police are investigating her and we also think the banks are too. There are 4 sisters that benefit from the will as it stood, but the will has been changed in April 2013 after my mother was diagnosed with Alzheimer's and dementia early 2012. My sister was her carer during this time until my mother went into a home 30th June 2014.

Expert:  Clare replied 3 years ago.
Hi
I am sorry for your loss
Is the house registered in your mother's name?
Clare
Customer: replied 3 years ago.
Yes it is
Expert:  Clare replied 3 years ago.
Hi
Are you named as Executor in both Wills?
Clare
Customer: replied 3 years ago.
As far as I know,yes
Expert:  Clare replied 3 years ago.
Hi
Do you know where the Will is - was it prepared by a Solicitor?
Clare
Customer: replied 3 years ago.
My sister has a copy of the will, the solicitor has the other copy.it was prepared by a solicitor but at the time mum had been diagnosed with Alzheimer's
Expert:  Clare replied 3 years ago.
Hi
Have you asked the Solicitor if you are named as Executor?
Clare
Customer: replied 3 years ago.
I was always told that I was the executor and that 2 of my sisters were to share power of attorney which is not now going ahead ,we are hoping to see the solicitor this week
Expert:  Clare replied 3 years ago.
Hi
If you are named as an Executor then you are entitled to enter the property - using a Lock smith if necessary - in Order to start collating the paperwork and details that are required for a Grant of Probate
Clearly there is a question mark over the validity of the latest Will - and I suggest that you ask the Solicitor if he obtained a letter from her doctor confirming that she had sufficient capacity to make the Will - if not then the Previous Will should stand.
You shoudl write a letter to your sister pointing out your joint responsibilities as Trustees and reminding her that she will be personally liable for any loss to the beneficiaries through her actions
Please ask if you need further details
Clare
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