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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a question about probate law as the administration of

Customer Question

Hello I have a question about probate law as the administration of my fathers estate what cati category do i ask my legal question to as I am hoping to find whats costs can be levied against the estate
Assistant: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: this is uk law i am looking to find out
Assistant: Where are you located? It matters because laws vary by location.
Customer: london uk
Assistant: Has anything been filed or reported?
Customer: i am the adminstrator of the estate i need q solicitor question anwered about funds missing
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Is this not a question I send a full question on
Submitted: 18 days ago.
Category: Law
Expert:  Clare replied 17 days ago.

Thank you for contacting Just Answer

My name is Clare

i shall do my best to help you - what would you like to know?

Customer: replied 12 days ago.
Clare I do need to have a probate solicitor answer my query so I will put my question primary to one who works prodominatly in this field.
Customer: replied 11 days ago.
Sorry Clare not sure you can help.
I have already paid for this question but had connection issue so did not send through my question so would like to put this out to the wider legal community. Can someone answer who has probate experience / legal.Hello
There are 2 parts to my question my late father passed away nearly 2 years ago and as he had the early signs of dementia when my mother passed two of my siblings elected themselves to become my father joint Power of Attorney so they could use his bank account for pay bills etc whilst my father lived in his house with another brother.
When my father died the siblings who had a living power of attorney paid for his funeral costs from money in his account. At a later date I was informed that a letter from the Tax office was sent and their may have been penalities to pay on the house my father outrightly owned.
I was then asked to by the Administrator of my father estate.
I have been responsible for renovating my fathers house and have invested nearly £20k in the costs of my own money. My siblings signed an agreement saying they would pay a share. I have taken time of work to look after the estate. Can you confirm what reasonable charges the estate should pay for services to include travel time as this is a 20 mile journey to the property and numerous phone calls to the banks and utility companies etc.
Having taken on this role I requested the last 6 years banking accounts for his bank account and savings account. To which I found that after he died the account was still being used and a considerable amount taken. The bank were only informed after I became the administration rights.
1. I understand from the probate Solicitor that those who took the money will have to pay it back from the proceeds of the sale of my fathers house. I do not want to take any legal action but wanted advice on where I stand on this their shares are not equal to mine and another sibling who are not involved.
2. I am also concerned that my fathers pension was not being used for him solely over the last 6 years as having checked with all the utility companies what his bills were during the last 6 years the figures do equate to what he was receiving annually and there is a deficient of at least £6,000 a years unaccounted for.
As the administrator can I restore the funds to balance out the missing money by asking those who had access to the account to take a smaller share. The scale could be more as my fathers affairs where being handled for longer than 6 years.
Customer: replied 10 days ago.
Sorry Clare not sure you can help. I want to open this question up to someone else please.Can someone answer who has probate experience / legal.Hello
There are 2 parts to my question my latefather passed away nearly 2 years ago and as he had the early signs of dementia when my mother passed two of my siblings elected themselves to become my father joint Power of Attorney so they could use his bank account for pay bills etc whilst my father lived in his house with another brother.
When my father died the siblings who had a living power of attorney paid for his funeral costs from money in his account. At a later date I was informed that a letter from the Tax office was sent and their may have been penalities to pay on the house my father outrightly owned.
I was then asked to by the Administrator of my father estate.
I have been responsible for renovating my fathers house and have invested nearly £20k in the costs of my own money. My siblings signed an agreement saying they would pay a share. I have taken time of work to look after the estate. Can you confirm what reasonable charges the estate should pay for services to include travel time as this is a 20 mile journey to the property and numerous phone calls to the banks and utility companies etc.
Having taken on this role I requested the last 6 years banking accounts for his bank account and savings account. To which I found that after he died the account was still being used and a considerable amount taken. The bank were only informed after I became the administration rights.
1. I understand from the probate Solicitor that those who took the money will have to pay it back from the proceeds of the sale of my fathers house. I do not want to take any legal action but wanted advice on where I stand on this their shares are not equal to mine and another sibling who are not involved.
2. I am also concerned that my fathers pension was not being used for him solely over the last 6 years as having checked with all the utility companies what his bills were during the last 6 years the figures do equate to what he was receiving annually and there is a deficient of at least £6,000 a years unaccounted for.
As the administrator can I restore the funds to balance out the missing money by asking those who had access to the account to take a smaller share. The scale could be more as my fathers affairs where being handled for longer than 6 years.
Expert:  Clare replied 9 days ago.

My apologies for the delay - I was returning from holiday

You have clear action that you can take about what was in fact theft in the money that was removed after the death of your father.

With regard to the accounting discrepancy then no you cannot do anything except confront them and ask them to account for what you perceive as the shortfall.

If they simply say that all the money was spent at your father's behest then there is very little you can do unless you can actually prove otherwise - although given what happened after his death there is of course very good reason to have serious doubts.

With regard to what you can charge - all you can actually charge is your out of pocket expenses - which includes lost earnings - so how much depends on what you could earn in that time. You can also claim your telephone costs and of course stamps and paper and printing etc

I hope that this is of assistance - please ask if you need further details

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