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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have made a terrible mistake. i mistakenly thought sister

Resolved Question:

i have made a terrible mistake. i mistakenly thought sister was looking to apply for joint admin for mums probate and i think she has changed the form. Sounds like paranoia doesn't it but she will not let me see the form. what can i do?

Sorry very stressed. I have stupidly signed a probate form for joint admin with my sister and left it with her to send on. There is some dispute over mums house of which i was 50% joint tenancy with mum until my sister convinced mums proxy (she was in a vegetative state for 4 years before passing away) that i was undeserving. mums proxy cancelled joint tenancy. So i am now a 50% owner with my siblings and i owning the other half. mums proxy has caused so much trouble. i think my sister has gone down the route of getting me to sign joint admin for probate and altered the form to show 100% owned by mother. what are the ramifications of this?

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.
I assume that you were named as Executor in your Mother's Will - are you referring to the Inland Revenue form?
Clare
Customer: replied 2 years ago.

hi what is your area of expertise?

Customer: replied 2 years ago.
Relist: Other.
did not answer
Customer: replied 2 years ago.

yes

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
What is put on the Inland revenue form has no impact on the actual ownership of the property so to an extent your concerns, however valid, are irrelevant.
In fact it would be to detriment of the Estate if she has done this as it will increase the potential for Inheritance Tax.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks Clare, I'm thinking i may just set up as an admin in my own right. I'm assuming my sister has not submitted form but i don't know. If i were to use a solicitor could i expedite the process? i.e rather than send to the probate office? In addition i wanted to ask you about the person that was acting as mums administrator whilst she was incapacitated. 1/ he took the joint tenancy from the house we owned jointly. 2/ he seems to mis appropriated funds. mum had 3 pensions and there is significantly less money in the account than previous. he has caused so many problems between my family members creating tensions and work for himself where there was none previously. he has not responded to my request for information for over a week. what can i do?

clare withe reference to the first piece i should tell you that my sister had previously told the solicitor (he says she did, she denies) that the house was my mothers and i was not entitled to a 100pct or even 50pct. that is why i am concerned that the information could be misrepresented on the forms. mum dad and i bought the house in 1989, sister never lived there. i have two other brothers, one of whom lives in the house.

Customer: replied 2 years ago.

Hi Clare please can you respond?

Expert:  Clare replied 2 years ago.
Hi
Is there a Will?
Clare
Customer: replied 2 years ago.

no and the estate is circa 150k

Expert:  Clare replied 2 years ago.
Hi
Is your sister not using a solicitor?
Clare
Customer: replied 2 years ago.

I dont think so I think she has gone direct to probate office

Customer: replied 2 years ago.

Excuse me Clare but I am looking to resolve this fairly quickly and take action. I am aware that it is imperative for me to get my application in quickly in order to be the executor. I havent ruled out the fact my sister completing another form and applying to be the sole executor. That is probably more likely.

I dont see how our discussion and the speed it is progressing is going to help me. No offence intended but I dont feel we are getting anywhere.

Expert:  Clare replied 2 years ago.
Hi
Your starting point is to contact the Probate Registry and see if your sister has made an appointment to have the interview
If she has done so you can in fact still apply separately - as she can if you do.
If you have all the necessary information then you can complete a form and either make the application in person or instruct a solicitor to deal with it - although you may find that a solicitor will wish to check the figures him or herself
It was entirely appropriate for the Deputy to sever the Joint tenancy - and at present he is under no obligation to let you have any information
Clare
Customer: replied 2 years ago.

thank you, ***** ***** to contacting the probate registry will they tell me?Will they tell me who is applying on the form i.e both of us or just one?surely she will be significantly further ahead in the process than me so no point in me applying. i was think of setting up a caveat is this appropriate?

Expert:  Clare replied 2 years ago.
Hi
A Caveat is not appropriate - you have no evidence that she will not deal with the estate correctly.
They will tell you if an appointment has been made
You are entitled to apply IN ADDITION to your sister - then everything would have to be done jointly
Clare
Customer: replied 2 years ago.

thank you that is very different to the advice i have received previously on this site whereby i was told it was a 'first come basis' to determine who would act as administrator.

Expert:  Clare replied 2 years ago.
Hi
That can still be the case - but increasingly appointing more than one Administrator where there is a dispute is seen as a good option
Clare
Customer: replied 2 years ago.

thanks for your help.

Expert:  Clare replied 2 years ago.
Hi
You are welcome I hope all goes well
Clare
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