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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am currently an administrator of an estate where the

Customer Question

I am currently an administrator of an estate where the person died intestate. The other administrator engaged a no win no fee solicitor to gain compensation for the death of the person. Death was caused by medical negligence. The case is near conclusion. I am very unhappy with the law firm used, the other administrator is not. The other administrator and myself are not on good terms. I am not being provided with all of the evidence, the other administrator seems to be, what can I do, the solicitor tells me I cannot engage another solicitor in this case.
Submitted: 15 days ago.
Category: Law
Expert:  Clare replied 13 days ago.

My name is Clare

I shall do my best to help you but I need some further information first

Have you obtained Letters of Administration?

What is your concern with the actions of the law firm?

Customer: replied 7 days ago.
Hi I sent the phone request as it is quite complicated. If this is not possible then I will request refund tonight. Thanks
Expert:  Clare replied 6 days ago.

It would be easier if you could give me an outline first

Customer: replied 4 days ago.
Private and confidential please do not allow this to be viewed by othersLetters of admin have been out for a year my sister and I are joint admin. We don't get on as my sister believes I should not own half the house that I purchased with my parents 30 years ago. She has tried everything to change this including acting illegally by forging documents to become sole admin which we successfully over turned and had revoked. Unfortunately she was able to change the title deeds. Now she continuously delays the sale of the house. Mum had a stroke in 2010 due to the actions of my brother who lives in the house that mum and I own. In hospital she fell from a trolley and eventually died in 2014. My sister the other admin wanted compensation and engaged a no win no fee firm (one of the bigger ones) after mum died the pay outs diminished so no win no fee firm went to external counsel. Though it wasn't for this reason so they say. External counsel came back with a potential dependency claim for brother who paid money for keep. Mum and I paid mortgage. I was told by no win no fee solicitor that If I did not persue this then brother would have a claim against the estate. Also brothers claim would not go through admin or estate but would be paid to him separately but would have to be lumped together with main claim or it would work against us.
My siblings have lied in their evidence ad the solicitor is not keeping me in the loop. Should we be able to decouple the claim of it is not being handled through the estate.? Why can't my brother make his own claim? Can I testify against this part of the claim by contacting the other side? I think the solicitor has a conflict of interest clearly they have been working on this for many years and need to get as much out of it as they can. I feel my family are also acting incorrectly by giving false information. I want no part of it. What can I do? They have also told me I am not allowed to seek advice from another solicitor.
Expert:  Clare replied 4 days ago.

I am afraid that it is only the Estate that can make the claim - no one else

Also so far as your brother's part of the claim is concerned the Solicitor was correct - they cannot be dealt with separately - although I suspect it is a very slender claim at best.

It is also true that your brother had a potential claim on the estate - but again not a major one

You are right to have concerns about any falsehoods told by your siblings.

You should write to the solicitors detailing these clearly and remind them that they are under a duty to the court to address the issues

I hope that this is of assistance - please ask if you need further details