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plclegal, Barrister
Category: Family Law
Satisfied Customers: 9048
Experience:  Barrister at law
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Thank you, ***** ***** didn't realise that when I rated you our conversation would cease. I have a few further points I would like to ask your advice on. Mum died in January and we had her house valued at £277,000 for probate. The will is simple and all assets to be divided equally between us three children along with £1000 each to of the eight grandchildren and also the two great grandchildren (to held in trust till they are 18). My sister got £1000 extra in addition, even if she decided not to act as executor. So far Lisa, my sister, has dealt with all money aspects including funeral, headstone, house bills etc including applying for probate. In April she informed us that she wanted to buy my brother and I out and move into Mum's house. She still has not put her house on the market. She also has all of Mum's jewellery except my father's wedding band, which was left to me, and I have that.
I have asked my sister for copies of expenditure and income (bank account in Mum's name) but she has supplied only a handwritten list of outgoings including funeral expenses, gardener, window cleaner, Car expenses (we had car valued and I purchased it from the estate for £450), house insurance and pension repayment. There are no records of council tax, TV licence, gas and electricity. Also, the phone was left connected until April. I understand from your comments previously my brother and I are entitled to see these accounts. Also, we have since had the house valued at £3000,00 market price and are unsure what to ask Lisa to pay for it.
My mother had a private number plate on her car and the estate paid for removal and new plates but I assume my sister has the private number plate in her possession. I want to know how my brother and I can proceed legally to obtain all money details, sale of the house and get our fair share of mum’s estate as we think my brother in law and sister will not carry out our mother’s sense of fairness. Obviously we would like to do this without upsetting anyone.

Hello - no problem at all. Rating doesn't close the conversation but for some reason the system hadn't notified me that you had additional questions. I'll review and come back to you.

Hello again, apologies for not getting back to you sooner.

OK - all three of you are appointed as trustees and executors.

So your sister and brother in law should not be running the show here, all three of the children have an equal role to play in the administration of the estate.

Customer: replied 2 years ago.
Does that apply even if it was my sister applied for probate. I remember back in January my brother and I signing a document regarding probate but can't remember the details.

It is going to depend what you have signed!

If you have signed something to give up your position as executor, then this will obviously have an impact.

plclegal and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you. We didn't knowingly sign our rights away. My sister just said that we needed to sign as the executors of Mum's will so she could apply for probate.

Then if you have simply signed for her to apply fro probate on behalf of the executors, then the above advice all applies. If you have signed to agree to remove yourself as executor, this will cause difficulties, obviously.

Customer: replied 2 years ago.
Thank you for all your help.

My pleasure.