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JGM, Solicitor
Category: Law
Satisfied Customers: 12087
Experience:  30 years as a practising solicitor.
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My elder sister has dementia and has recently entered a care

Customer Question

My elder sister has dementia and has recently entered a care home. Her powers of attorney, one of whom is an executor to her will, have decided to sell her home to help pay for her care home fees. The house contents are to be distributed according to her wishes (known only to the attorneys and solicitor) and the remainder either sold, given to charity or disposed of. I am also an executor and would like to establish if I have any right to know what my sister's wishes are with respect to the house contents otherwise I feel I will be unable to carry out my role as an executor. Please advise.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Your duty as executor doesn't start until your sister's death and that duty will be to wind up such estate as she has at the date of her death in accordance with the will.
Her attorneys, on the other hand, have a duty to deal with her estate at the moment and deal with that estate in her best interests. You have no right to know what your sister's wishes are at this time as she has appointed her attorneys to deal with that.
That is not to say that the attorneys can't consult with you and give you information. It does mean that they don't have to if they don't want to.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Not really what I wanted to hear but from a legal point of view what I expected would be the case. Hope this does not lead to family arguments. Thank you for your advice.

Expert:  JGM replied 2 years ago.
You're welcome. Don't forget to leave a positive rating so that I'm credited for my time.