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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11546
Experience:  30 years as a practising solicitor.
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I resigned as executor due to conflict of interest , the executor

Resolved Question:

I resigned as executor due to conflict of interest , the executor solicitor who I originally got to help me and my late wife's family from another marriage and the Solisitor I have now got to help me with my claims have both told me I would be given half the mortgage I have paid since my wife's death . The outstanding mortgage was approx £35,000. That is £17,500.to be paid by both myself and the estate.i have paid over £12,000 over the last 2 years.
The executor solicitor Solisitor has made a misteak by paying the mortgage company £17,143. There fore paying them £6000,+ of the money they both promised me due to my financial situation , the Solisitor who is supposed to be acting for me now wrote to the executor solicitor pointing out the error, and saying Mr ford needs this money paid to him immediately as was previously agreed.it has been 2 weeks now and no money credited to me and my Solisitor is ignoring my emails to get an answer. What can I do as this is causing me stress and depression .
I have a claim put in for not being told about the survivorship clause,when Putting my late wife's name on the house, the insurers investigating want to know if I new of her will before death, it was made with the executor solisitor they pulled the deeds and made it behind my back when I went to the States to do some Masonic business I new nothing of it nor did I sign anything. The insurers are also asking for a copy of any will I had made to my late wife.i Mae a will on line before going abroad leaving everything toy wife. Should I let them have this or will it jeopardise my claim for half the house I have lost.
Finally through your experience how much would an advocate charge for his advice as to whether I would be successful in taking my claims to court if my late wife's 2 sons from another marriage don't agree to an of the claims I am making.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland.
I can't follow your narrative.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Hi,I have written everything in depth for you . My situation is that I am trying to claim from my late wife's estate that I credited money too,
How much will an advocates advice cost, is it in my interest to show insurers the will I made to late wife
Kind regards
Ian
Expert:  JGM replied 2 years ago.
An advocate's opinion will cost about £600 plus VAT for junior counsel and double that for senior counsel.
I still can't work out much from your narrative. What insurer's are investigating what?
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
Prior to my wife's death, I paid all bills , mortgage , and gave her £500.00 a month to invest for me for 15 years.unknowing to me she made a will leaving the majority of the estate to her sons from another marriage .
They are not willing to give me some money from it towards debts, she used my cards in my name , they won't give me anything for a 5 year claim towards the mortgage I paid and they will not give me anything from our retirement savings account, and isas.they are in my late wife's name, I suspect she transferred money from our joint account to them.
Question, can I claim half the savings account and isas along with 5yrs. Mortgage in court, and I'm I likely to be successful .
And Could representing myself possibly be an opption
Expert:  JGM replied 2 years ago.
Were you still married to her at the date of her death?
Were you living together?
What does her will say?
Customer: replied 2 years ago.
We were married and living together .
The will gave,
Her Jewellery to gran kids, £1000,00 each to 5 gran children. Half my house to her 2 sons from previous marage and 2 of the gran children,
Executor pays half the outstanding mortgage , I pay the other half.
The remainder to be split , 2/8ths to me and 3/8ths to both of her sons
Expert:  JGM replied 2 years ago.
That is straightforward. You are also entitled to claim on the estate for any debts owing to you from your late wife's estate. That would include the half mortgage payments and any money you had given your wife to invest on your behalf, assuming there is proof of that.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
Would I be successful in my claim, in other words will the court come down in my favour.
Regards
Ian.
Expert:  JGM replied 2 years ago.
Sole on the basis of your narrative, yes, but the other side would have to be examined as would all relevant papers.