How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

A CARER UNCLE WAS APPOINTED AS EXECUTOR IN HIS WILL.

Customer Question

A CARER FOR MY UNCLE WAS APPOINTED AS EXECUTOR IN HIS WILL. IN THE EVENT OF HIS DEATH WE NOW KNOW, HAVING ACCESSED HIS WILL AFTER PROBATE, THAT HIS ESTATE HAS BEEN LEFT IN EQUAL SHARES TO MYSELF (HIS NIECE AND NEXT OF KIN) AND THE EXECUTOR. NOT DISPUTING MY UNCLE'S WISHES THERE HAS BEEN CONSIDERABLE SECRECY ON THE HALF OF THE EXECUTOR WHO WAS A SIGNATURY TO HIS BANK ACCOUNT FOR SEVERAL YEARS.
CAN I REQUEST THAT THE EXECUTOR PROVIDE A DETAILED ACCOUNTING OFTHEIR STEWARDSHIP FOR SAY THE TWO YEARS UP TO AND INCLUDING SETTLEMENT OF HIS ESTATE.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Did the Carer have any other relationship with your Uncle - and was he or she an employee of an Agency?
Clare
Customer: replied 1 year ago.

Hello,

The person in question had no other relationship and in the latter years gave uncle general assistance with things like shopping etc when he had restricted mobility. She was not an agency worker and uncle paid her personally as he saw fit.

Expert:  Clare replied 1 year ago.
Hi
For clarity - this person was simply a friend of your Uncle?
Have you any evidence - however vague - of wrongdoing?
Clare
Customer: replied 1 year ago.

No. The only issue is as to whether we are entitled to veryify that everything has been performed correctly and that he disposal of his estate has been correctly applied under the terms of his will.

Expert:  Clare replied 1 year ago.
Hi
Were you sent a set of Estate of Accounts at the end of the Administration of the estate?
Clare
Customer: replied 1 year ago.

Hello Clare,

We do not know as yet whether administration of uncle's affairs has been completed. The executor has made a payment to me pending settlement of some outstanding matters.

Should the set of Estate of Accounts be what I should be requesting. This would still leave the conduct of his affairs over say the last two years not clarified, but perhaps because we do know of any misconduct, that will remain in question, though her apparent secrecy is what has given rise to the issue in the first place.

Expert:  Clare replied 1 year ago.
Hi
Was she acting under a Lasting Power of Attorney registered with the Court of Protection?
Clare
Customer: replied 1 year ago.

she was not

Expert:  Clare replied 1 year ago.
Hi
Did your Uncle have full mental capacity during the last years of his life?
Clare
Customer: replied 1 year ago.

yes, only physical health was impaired

Expert:  Clare replied 1 year ago.
Hi
In that case realistically there is no point in seeking information about the finances prior to his death.
The Carer will simply say that everything was done with your Uncle's full knowledge and agreement and there is nothing you can to do to prove otherwise
You are however entitled to a full set of Estate Accounts detailing all the assets and how they were dealt with.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Hello Clare,

I am glad this series of communications are over and feel that if more queries were addressed rather than spread out the experience would have been improved.

The worst aspect is to find the disclaimer of legal advice at the end of the process rather than upfront.

I doubt I shall use this service again.

Expert:  Clare replied 1 year ago.
Hi
I am sorry - the disclaimer is there as of course whilst I am indeed a qualified solicitor all I know about the case is what is written here and accordingly it cannot possibly be seen as anything other than a generalised overview - certainly not the in depth legal advice which would come from a face to face interview and the perusal of the paperwork
I do accept your point regarding the questions - but the nature of the forum means that if all questions are asked at once it is very easy for things to be overlooked and it is even more frustrating to keep asking the same question repeatedly (and frankly seems more insulting)
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice