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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Just wondering as my mum under care of court of protection

Resolved Question:

just wondering as my mum under care of court of protection and my sister who i do not speak to now is her atorney with them as she is so unwell now how will i know who will be administering mums will and what would i need to do as she will not want to give me anything unfortunately will she be checked to administer mums wishes properly thanks
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
can you send my answers to my email***@******.*** please
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Sheila
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties you are experiencing with your sister.
Please may I ask: are you a beneficiary in your mums will?
Kind Regards
Caroline
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
just want some advice and answer to question please
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Sheila
Thank you for confirming that for me.
Just because your sister is an Executor does not mean that she can choose what she wants to do and not pay you. As executor your sister has to distribute the will in accordance with the will.
There are many options open to you to pursue the matter if your sisters doesn't do this - including asking for estate accounts, applying to the court to have her removed and also asking a judicial trustee to adminster the estate.
Kind Regards
Caroline
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Customer: replied 1 year ago.
do you mean ask the court of protection my sister is only a deputy with them goodness knows how as she has only given mum bare necessities before and after becoming a deputy mum never wanted her to be executor of her will is this automatic
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Sheila
Please do let me know if I have misread your question - it was my understanding that you are concerned that your sister is named as executor of your mums will and you are concerned that your sister won't distribute to you what you should receive as beneficiary.
If this is correct and your sister is named as executor - then this is not an issue for the court of protection. The court of protection will not become involved in the distribution of your mothers estate.
If your sister is executor and at the time when she comes to distribute relations between you are so bad that it is unworkable then you should consider applying for her to be removed.
Does this clarify?
Kind Regards
Caroline
Positive feedback is gratefully received
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Just re-read your question an to clarify I would add that your sisters current power of attorney ends automatically if your mother was to pass away. Your sister would only become executor if she is named in the will to be executor.
I hope this clarifies for you.
Kind Regards
Caroline
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks thats great

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