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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am an administrator of the estate ( six siblings) mother

Customer Question

I am an administrator of the estate ( six siblings) mother died intestate April 2011 we have had a contentious probate where we agreed that one sibling will get more share of the estate whilst the remaining five will share the remainder, this was agreed that we will have all this agreed and relevant property of the estate signed over to one of the siblings by 15 March 2015, to date this has not happened as delays in getting the papers signed ( property to be transferred. The solicitor acting for the sibling to receive the property has applied for a "enforcement order"
There is also an issue between me ( the executor of the estate} as I have maintained "neutrality between the estate issues and everything else" The issue is that once the estate issues had been finalised I was going to bring action against the sibling for "historical child sex abuse" This has been now reported to the Police and all siblings have been contacted by the Police and the pending investigations will take some time.
My issue is that I wanted to get the state issue done and over with, but with other siblings being slow to sign and finalise the estate's division, I am finding it very difficult to talk to the other siblings and in particular if one of the sibling has applied for an enforcement order, I certainly will not want to go to court and see his face, when there is a ongoing investigation against him for "historical child sex abuse" There are two elements to this at present a civil proceedings and a criminal proceedings, and the two I have tried to keep separate. I have sent my signed paperwork over to my solicitor and asked her to send the paperwork for the other siblings to sign, but this has been over a month ago and no longer replies to my calls or emails ( considering that we were to have the paperwork signed by 15 Match 2015 the date has passed and it appears she is no longer interested to respond) and I have asked her to return the case files back to me or I will collect, but still no response.
Mentally I am finding this issue "challenging" what action do I need to take? (my solicitor is not aware of the historical child sex abuse, as this has been only recently been reported to the Police)
Best regards
Khalid Mahmood
Submitted: 2 years ago.
Category: Law
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.
How many siblings gave signed so far?
Clare
Customer: replied 2 years ago.

There are three who have to sign and I have signed and returned to my solicitor and for them to forward to the other siblings to sign and so far they have not

Received or signed the documents.

Expert:  Clare replied 2 years ago.
Hi
When did you send the signed paperwork back to your solicitor?
Clare
Customer: replied 2 years ago.

19 March 2015, we were to have this signed by 15 March 2015

Expert:  Clare replied 2 years ago.
Hi
It is still a little early to expect the deed to have been signed by the other two siblings and returned.
Write a calm letter to her asking for an update on the progress of the matter and whether or not you shoudl be concerned about the threat of enforcement action.
I suggest that you also explain that you do not feel able to contact the other siblings because of the ongoing police investigations
Ask the solicitor to deal with the enforcement action - it is a proper cost to the estate
Please ask if you need further details
Clare

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