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JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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My husband and his Brother are at odds to put mildly and in the final throws of probate

Customer Question

Hi my husband and his Brother are at odds to put mildly and in the final throws of probate. The both signed an agreement with the solicitor a year ago to disperse the funds ASAP. B in L has unilateral instructed the solicitor not to disperse the funds until issues outside her remit have been sorted. Bullying from a younger sibling?
Solicitors threatening to pull out and hold onto monies in clients acct. My Husband has never changed hi instructions? Are we right to feel a
Aggrieved? Regards Pauline
Submitted: 1 year ago.
Category: Law
Expert:  JustAnswerKM replied 1 year ago.
Good evening Pauline Thank you for your message. I will do my best to help.Firstly I need to ask who is the Executor; husband and brother or solicitor?If the solicitor is the Executor, they have to ensure that any dispute concerning the Estate is resolved before carrying out the final distribution. If it is not resolved, the Executor (Personal Representative) could be personally (their own money) liable to pay out any successful claim. This goes for your husband and brother if they are the Executors, therefore it is important that they protect themselves. Parties may feel aggrieved by this, but it is not worth the risk if someone is left out of pocket for not following the formalities of probate.The solicitor will hold the money in their client account until they are satisfied there is no potential claim or when the matter is resolved via Court Order/Judgement. I hope that helps.Best of luck,Kind regardsKrystel*Please rate my answer so I can be credited for it.
Customer: replied 1 year ago.
Thank you Krystel,
Both brothers are executors and inherit their 3rd late brothers estate equally. Unfortunately there is a property involved to which both sons have been intrusted with a 1/4 share each until the demise of my Father in Law. The problem is late brother left a car not part of probate only worth £6000 they both decided to put V5 in FinL name until he goes into a nursing home or dies. Both brothers & wife's use this car for FinL convenience. Brother in law tried to sell car without my husbands knowledge. Since the death of my husbands younger brother, dad lives alone with a large 10yr Boxer dog, the Vet stronger adviced us that he should be rehomed due to dads medical problems: Parkingson, Heart Condition, diabetes and Dementia. Brother in law insist he stays with dad. Dad is not capable of looking after him, the carers do and the poor thing is suffering. This is why Brother in law
won't allow monies to be distributed.Is this reasonable grounds?
Pauline
Expert:  JustAnswerKM replied 1 year ago.
Dear *****ineI apologise for the late response, my JA wasn't functioning properly.Your BinL's behaviour is unreasonable as it is delaying the distribution process unnecessarily. Unfortunately now that the solicitor is involved and is holding money that belongs to the estate, they have to act in the best interest of the estate. Even if you withdraw your instructions, they will not release any monies without an agreement from both executors. Who are the beneficiaries of the estate? The beneficiaries can apply to Court to have the BinL removed, but they will need evidence of the BinL misbehaviour. Once the BinL is removed, the solicitor can commence with your husband's instructions. Another option is to consider indemnity insurance, to indemnify the solicitor from any loss as a result of the executors' actions. Have the estate pay for it but it depends whether the solicitor will accept this. I hope that helps. Krystel