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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9339
Experience:  I have been practising for 30 years.
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My 3 brothers are executives of the Will, i am a

Resolved Question:

HI
My 3 brothers are executives of the Will, i am a beneficiary. Things have been taken from the house when my mother died, money gold etc. which one of the executives knows about. What are my legal rights here? What can i do? They also want to sell the house against my wish how can i stop them selling the house?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
will this question get answered i have now been waiting for an hour pls
Expert:  F E Smith replied 1 year ago.

Are you saying that things have been stolen from the house that your brothers have taken them from the house?

Do you have proof of what they are there and who has taken them?

Who gets what under the terms of the will especially with regard to the house?

If the house has been left to 4 siblings in a will, and half of the want it sold and the other half don’t, then unless there is a contra provision in the will, then the property would get sold.

Customer: replied 1 year ago.
the will says the house has to be split 5 ways. There are 3 executives on the will, i have no proof of what they took, only witnesses seeing them go through my mothers belongings and now her bank books credit cards etc have all gone
Expert:  F E Smith replied 1 year ago.

If you believe that things have been stolen from the house, by people other than the executors were even by the executors, then you need to report the matter to the police. You need to be aware that the executors may have removed the valuables for safekeeping.

If the house is split five ways, then unless everyone wants to keep house to rent or do with whatever they wish, that it would get sold. There is no way that you could stop a sale of the house firstly without going to court and secondly unless all the beneficiaries wanted to keep it. One beneficiary cannot be denied their share of the estate simply because the other 4 don’t want to sell the property yet for whatever reason.

You ask what your legal rights are. I have covered the house.

With regard to the rest of the assets, the beneficiaries are entitled to have an account of the proceeds of the estate but not every single solitary item.

It would be different in various items of your late mother’s possessions had been requested to different people because then, the executors could be taken to task if each of those individual items did not go to the nominated beneficiary.

If you think that either one or all of the executors are not acting in the best interest of the beneficiaries, you can apply to court to have them removed and replaced by court appointed executors. It is not a do it yourself job to do that because the legal process is quite involved and hence expensive.

Can I clarify anything for you?

Please do not forget to rate the service positive. It’s an important part of the process whereby experts get paid.

Best wishes

FES.

Customer: replied 1 year ago.
Does that mean my brother who is on of the executives must provide me with a list of all the things taken and being sold including the house?
Expert:  F E Smith replied 1 year ago.

Not individual items in the estate no. Just an over all account. List major items individually and minor items in a lump

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