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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13833
Experience:  Solicitor
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My Dad died whilst a care company were in place looking

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My Dad died whilst a care company were in place looking after Him & Mum, they have now stopped the service and demanded payment by 25/12/16 or they will charge interest it is in the hands of their solicitor. My sister refuses to hand our side over to a solicitor, we may need to disagree the fee due to bad service - Can a exector of a will be liable for payment if the monies have not been released in time re probate ?

Hello my name is ***** ***** I will help you.

How much is owing please?

Customer: replied 2 years ago.
approx £13,000

Ok. Was there just poor service or negligence?

Customer: replied 2 years ago.
negligence, my sister said she had pictures, but on one occasion the heating had gone off and the carer had not reported it to me or my sister just written it in their book, she had sat mum & dad in one room without heating and was sitting in another room with a electric heater going to keep herself warm. Dad had a stoma bag and she was using toilet wipes (for the toilet) to clean it, there were other issues, there is a possibility one of the carers had used my dads debit card to buy some clothes, we found this on the statement. However after my sister had a meeting with one of their managers, they removed the carer in question and were going to reduce the bill but this never happened as there was nothing in writing and the director continued to charge the original bill. I am concerned though if it is felt there is not enough proof that they can insist that the bill be paid by the executors. Everything is left to mum who has alzhiemers and at the moment the forms are waiting to be sent to get probate sorted out

In that case you do not have to pay. If you refuse then all they can do is issue proceedings. If they do then you can defend and counter claim on the basis of negligence

That means that you dont have to pay it and also seek compensation from them.

Can I clarify anything for you about this today please?

Customer: replied 2 years ago.
That all seems to make sense, thank you so much for such clear information.Kind regards
Helen McCluskey

All the best Helen. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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