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 JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10913
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

Hi, My mother is 81 and since my father died circa 3 years

Resolved Question:

Hi, My mother is 81 and since my father died circa 3 years ago my brother BDS LLB is, I believe, her power of attorney. My late father told him to look after my mother's affairs which I am happy with and we both share looking after her day to day needs as she is still fully independent and living in her own home. I know she has a will and her estate which is of a rel small value (max 200k) is to be shared equally amongst 3 of us (we have a sister in the US) Unfortunately I do not speak with my brother and I would like to gain access to her will , also i am concerned she is showing minor, early signs of age related dementia although sub clinical at minute. How do I preveny or ensure fair play if she is to deteriorate through time as it saddens me to say but I do not trust my brother compounded by his knowledge of the law although he doesn't practise as works in his first profession. can you advise me of the steps I have to take to ensure full transparency in this matter. diana BDS


 


 I am unaware if he is a welfare attorney or other . will the property be shared equally as in will or will he have power to change a will??

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Your brother may have some knowledge of the law from an academic perspective but if he has never practised law his knowledge is limited and you shouldn't consider yourself to be at a disadvantage.

Bullet points:

1. An attorney can't change a will.

2. If he persuades your mother to change her will, that would be challengeable on the basis that he is a person of influence and she may be susceptible to suggestion,

3. Technically your brother has nothing to do with the will unless and until he takes up office of executor after your mother's death. It would be very unusual for any will to say anything other than the estate is to be divided three ways.

4. You are not entitled to see your mother's will unless your mother lets you see it.

5. If you are concerned about anything your brother does, you can speak to the Office of the Public Guardian if he holds power of attorney.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10913
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you

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:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.co.uk/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.co.uk/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.co.uk/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.co.uk/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.