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Clare, Solicitor
Category: Law
Satisfied Customers: 35071
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother is one of two executors of our mother's

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Hello. My brother is one of two executors of our mother's will. Mum died in September last year and named my brother and her stepson Nav as the two executors in her will. The solicitor who held the will said it needed to go to probate which turned out to be not the case. She has now been asked to deal with the sale of mum's property. However, my brother suffered a major stroke the day before yesterday. When our solicitor was told this today by my sister, she was not sure what could happen now since there are papers needing my brothers signature. He is clearly unable to sign his signature since he has lost all use of his right hand side and his speech. The consultant says the injection needed to be administered in the first 4-5 hours did not work and did not give a good prognosis. Our solicitor suggested my brother's wife be given power of attorney but since they are divorced ( just waiting for decree nisei, due in the next few days) this is something my brother would definitely not want. Can you tell us what we can do. We would hate to lose the sale of the propert. To be fair, our solicitor is not aware of the divorce yet. Carole. PS sorry it's so convoluted.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Has Probate actually been obtained?
Customer: replied 2 years ago.
Hi. Thanks for getting back so quick. Yes, probate has been obtained.
I have to ask does your brother actually have mental capacity at the moment?
Customer: replied 2 years ago.
My phone is in use at the moment. In answer to your question, when I saw him yesterday, he did seem to know me and smiled a little. He could not talk, just made noises as if trying to talk. He had difficulty moving his mouth. He is right handed but can't move any part of his right side. It could take months to get feeling back, if any.
I am not sure who told you that Probate was not necessary - it was.One way forward if your brother does have mental capacity is for him to appoint you as his Power of Attorney to deal with the sale of the property.Obviously this will be dependent on a doctor confirming that he does understand what is said to him.If that is not the case then the only option is an applictaion to the court to have him removed as ExecutorI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.
Thank you very much for your help. Carole.
You are most welcome I hope all goes as well as it can at this difficult time
Customer: replied 2 years ago.
Hi again Clare, our solicitor has suggested we obtain a doctor's note to get my brother taken off as executor leaving just one executor. Do you think that would be wise, considering he (husband of beneficiery) has been awkward. He has held the process up time and again - not answering phone and emails, not dealing with "stuff" for days and days on end. Today, I understand my brother actually strung 3 word together and fed himself with his left hand, albeit a bit of yoghurt. Sounds encouraging. What do you think. Carole.
That sounds hopeful - all he will need to do is understand what a Power of Attorney is and agree to itPossibly quicker than removing him.Speak to the Doctors if you can
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