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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Mum recently passed away, after 4 years in a vegetative state.

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Mum recently passed away, after 4 years in a vegetative state. Court of protection appointed a gaurdian (solicitor) as sister and i could not agree on who should look after mums affairs. I own house 50/50 with mum as joint tenants. I wanted to sell the house in order to pay for home visits for my mum (nursing at weekends) but sister refused and convinced court of protection appointed solicitor to put a charge on the house. He also sent me forms to sign over the house to him as thought it was not fair on my siblings from an inheritance perspective! Brother lives in house on his own now. Needless to say I do not get on with brother or sister as both did not act in mothers best interests
1/ Please can you advise when court of protection solicitors role finishes. Where do i stand on this matter?
2/ When does probate start, what do i need to do.
As you can appreciate I just want to cut my ties with my siblings as I feel my mothers final years could have been easier.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Please accept my condolences for your loss. May I ask if you agreed to make any alterations to the property title please or was nothing changed? If you did how is the property presently owned?Did your mother leave a will?Finally does your mother have any other significant assets other than the property?For your information owing to the time, it may be tomorrow morning before I respond back - I hope that will be alright.
Customer: replied 2 years ago.

Thank you.

No i did not agree. My sister tells me that the solicitor who was appointed has mis appropriated mums funds so probably not a bad thing. the deeds still show mum and i as owners with charge from solicitor.He also did not pay bill of my mothers (she was buying a smaller place before she had the stroke)and the solicitor wanted his costs. a week after my mums death they also put a charge on the property (against her). Mum did not leave a will. She had several pensions that were being administered by the person looking after her finances (the solicitor appointed by the court).We have no idea whats left.

Customer: replied 2 years ago.

btw if you are having trouble with the request and cannot respond i can try someone else. id really like to resolve tonight if possible

Customer: replied 2 years ago.

btw if you are having trouble with the request and cannot respond i can try someone else. id really like to resolve tonight if possible

Many thanks for the above information. The solicitors appointee role by the court of Protection ends upon your mothers passing. The responsibility passes to your mothers administrators.Because your mother left no will then if she had no spouse the right to act as her administrators rests with her children equally. In addition her children (both natural and adopted in case this is relevant) are entitled to an equal share of her estate. You do not have to act as an administrator if you do not wish to but if you don't your remaining siblings will have legal control of the estate without your involvement which may not be in your interests - though the estate must still be shared out in equal shares whoever acts as administrator. Whoever of you and your siblings wishes to act will need to apply for probate once they have gathered all the information relating to your mothers estate (valuations of assets and details of accounts and so on). Any of you can begin gathering this information with a view to applying for probate at any time once you have your mothers death certificate.If you own the property with your mother as joint tenants rather than tenants in common then following your mothers passing the property passes to you absolutely and does not form part of your mothers estate though it will be subject to the solicitors charging order regarding his costs.The solicitors charges will be payable from your mothers estate if she has other assets which she does from what you say. Once the costs are paid the charge can be removed. If the charges are disputed the administrators can dispute these with the solicitor. They also have the right to request any and all information they require from the solicitor by virtue of the Administration of Estates Act.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

thank you. I'm guessing that we can also ask the solicitor appointed by the court of protection for all costs levied during his time looking after my mothers finances. Is this correct? I also wondered what rights my brother has living in the house as he does and has done for many years.

Absolutely (assuming you decide to act as an administrator - if you decide not to then those siblings that do decide to act that could) the administrators have full authority to request and require all information relating to your mothes estate including any costs the solicitor has charged to your mother and how he has dealt with your mothers estate generally including copies of financial ledgers, bank statements and so on.Based on what you say the above the house now belongs to you if you own as joint tenants as above so you can serve your brother with notice to quit. You must give him 28 days notice under the Protection From Eviction Act. If he refuses to leave then you can apply for a possession order and if necessary have him evicted using bailiffs.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 2 years ago.

Thank you so much. just two final questions, sorry . if i can get the death certificate what do i need to do to act as admin? the only person who has mums details is the solicitor appointed by the court and we are not happy with him.

in addition we had instigated a legal claim against the hospital that was negligent with mums care. what will happen there now she has passed?

Customer: replied 2 years ago.

hi have you signed off?

I am glad the above was of assistance. You can obtain a copy of your mothers death certificate from the local registry office responsible for the area in which your mother passed away. If you are not certain where this is you can obtain the contact details from the local council for that area. They can either send it to you by post or you can collect in person. After a few weeks it will also be available from the national registry office. It is worth obtaining a few copies as you will need quite a few if you send them off to various asset holders.

Regarding the medical negligence claim this claim can be continued by the administrators on your mothers behalf though the same 3 year limitation period will apply from the point the negligence was discovered so take care not to go past this or the claim will fail. Any award that is received will be shared out between you and your siblings equally.

Have I been able to help you with all your questions?
Customer: replied 2 years ago.

Thanks can you answer the question re what i need to do to act as administrator? do i need to file this with anyone such as a court? do i need a solicitor?

To obtain information you just need to write to the organisation or person you require information from and identify who you are and that you are acting as your mothers administrator and include a death certificate and then ask for the information you require. Ask for the certificate back so you don't have to keep getting more.

To apply for probate you have to collate valuations for all your mothers assets and then contact the local probable registry and arrange for a probate interview. Many people prefer to use a solicitor but you can do the job without one if you wish. Using a solicitor avoids the need for a probate interview as everything is done through the solicitor instead

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