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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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Re estate of my late mother. named executor myself and 1 brother

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re estate of my late mother. named executor myself and 1 brother who refuses to use a solicitor and is being very difficult. Beneficiary ,,,,6 siblings including us how can I prevent fraud and make sure money (still in bank) is divided fairly and that neither of us are paid the full estate ?
1. My best advice to you is if you are already having difficulties with your brother and probate has not commenced, then you are better off get the assistance of a solicitor who will handle probate and this will avoid all the rows which will ensue if you and your brother seek to do probate yourselves. Essentially, you should outsource the problem to a solicitor and avoid the continuing hassle of fighting with your brother at every twist and turn of the route to administration of the estate. It helps if there is a dispassionate outsider with no interest in the estate handling the money and doing the work. If you are worried about fraud before you start, then don't let your brother handle it himself. The legal expenses will be paid from the monies in the estate and probate will be completed much quicker if a professional is involved.
Customer: replied 2 years ago.
This is what I have done using my late Mother's solicitor and as I already mentioned my brother refuses to deal with a solicitor and has therefore not signed the needed agreement. I cannot stop him applying for probate only refuse to sign....if i apply ...same problem! So my question was how to protect the money so that only those named in the will can access their share and only their share Thank you
2. You don't have an y protection against fraud as the fact the monies of the deceased will have to be held in one of the executor's own personal accounts means that there is going to be intermingling of monies taking place. Instead, I would suggest you extract probate with your brother, and then apply as executor, for Directions in relation to the handling of the monies of the estate and the fact you would prefer that a nominated solicitor do the probate work because of disagreements between yourself and your brother.
3. Where there is disagreement between two executors, the court can direct that probate occur in a certain way. Particularly if there is evidence of fraud or disagreement. In this way, you can get a third party solicitor to do the work - but by the back door. it also avoids fraud.
3. So you should use the fact of any disagreement with your brother to your advantage to create a situation whereby a court gives you what you want. Leave a paper trail highlighting the disagreement so you can show these letters to the court.
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