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 Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10236
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I am an executor and a trustee of my late x wife , the 2 other

Customer Question

i am an executor and a trustee of my late x wife , the 2 other executors and trustees (discretionary trust) are both lawyers, i have had a meeting with them and we have split the tasks up to establish estate value but i have not had sight of the EOW ot any trust documents if i am a joint executor and a trustee of a trust should i not by default have sight of these documents? all i have is verbal EOW from the lawyers/ executors
Submitted: 12 months ago.
Category: Law
Expert:  Aston Lawyer replied 12 months ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist.
You are indeed entitled to see the Will and any EOW your late Wife may have signed.
There's no reason why the professional Executors want to withhold this from you, and I therefore suggest that you ask for copies.
Not sure if you need any more information, but please let me know if you do.
Kind Regards
Al
Customer: replied 12 months ago.
Thanks Aston, and if i am a trustee of the discretionary trust the estate will go in to i should be entitled to see this to?
Expert:  Aston Lawyer replied 12 months ago.
Hi,
Thanks for your reply.
Yes, you are indeed to see the discretionary trust document.
Kind Regards
Al
Customer: replied 12 months ago.
myself and x wife own 5 properties value 1.1 million tenants in common carrying 400k debt ultimately the discretionary trust of which i am a trustee set up by my late wife will own 50% of the 5 properties , I wish to sell all 5 and furnish the trust with there 50% the professional executors are telling me i cant do that but they will when they have time?
Expert:  Aston Lawyer replied 12 months ago.
Hi,
Even though you both held the properties as tenants in common, the legal title to the 5 properties passes to you as sole legal owner, meaning that you are entitled to sell them, PROVIDED her 50% share passes to the Trustees of the discretionary trust, so that the capital can be invested or otherwise, in accordance with the terms of the discretionary trust.
I therefore do not see any reason why you can't proceed with the Sales.
Kind Regards
Al
Customer: replied 12 months ago.
then Aston i think i need advice and probably a chat to confront my joint executors and trustees, its in the best interest that the executors and the trustees can work together but i have to be mindful that i am not rail roaded
Expert:  Aston Lawyer replied 12 months ago.
Hi,
Bearing in mind what is at stake, I agree that you do need to sit down with a local Probate Solicitor and he can liaise with your fellow Executors.
Good luck.
Kind Regards
Al
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10236
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 12 months ago.
sorry Aston last one, are you suggesting rather than i try to work with my fellow executors and trustees (and i am out of my depth legally) i should engage my own solicitor to oversee proceedings?
Customer: replied 12 months ago.
dont know if you got that
Expert:  Aston Lawyer replied 12 months ago.
Hi,
You just need a Soliciotr to make sure your fellow Trustees are doing as they should- you may only need one appointment for advice, and feel that you are sufficiently armed to deal with your Trustees personally, or if things do not go as you think they do, your Solicitor can correspond formally with your fellow Trustees, on your behalf.
Many thanks for your positive feedback.
Best Wishes
Al

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
< Previous | 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