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Helen Hill
Helen Hill, Lawyer
Category: Law
Satisfied Customers: 314
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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I am not sure where I stand as regards to being executor of

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I am not sure where I stand as regards ***** ***** executor of a will, my mum is currently very ill and my sister and step dad are wanting access to the property. I think however that my husband is executor of her will if thebworse foes happen. My step has not lived there for years. I am not sure why they want access and what I am best to do as I think they are wanting to go in now and clear her house or my step dad move back in.
Assistant: Where are you? It matters because laws vary by location.
Customer: Huddersfield, West Yorkshire
Assistant: What steps have you taken so far?
Customer: Nothing at the moment. As we have are only just allowed to go get the keys. The keys are with the police as she was in a fire.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Just that thanka
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Nicola

Thank you for your question. I am a wills and probate lawyer so I will be able to assist. I am very sorry to hear about your circumstances, it must be a terrible time for all of you.

As executor for your mum's estate you / your husband will only have authority to act upon her death. Your appointment within the Will gives you no power over her assets and possessions while she is still alive. Did your mum have powers of attorney in place that specifically appoint an attorney to act on her behalf during her lifetime? If not, it may be a case that there is not much you can do to prevent them moving in at the moment. Does your mum have capacity to make decisions for herself still or is she too poorly? If she does have capacity then she could appoint you as her attorney or be able to express her wishes about the house.

Customer: replied 3 months ago.
No she would not be able to do anything at the moment, she is sedated and on a respirator.

If she is unable to consent or appoint an attorney you could make an application to the Court of Protection to be appointed as her Deputy so that you can deal with her property and finances. They do accept emergency applications though this will probably still take a little while to process. Information on applying can be found here.

Helen Hill, Lawyer
Category: Law
Satisfied Customers: 314
Experience: LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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Customer: replied 3 months ago.
Ok thank you

Thank you for your kind rating, it is much appreciated.

Customer: replied 2 months ago.
Hi, we have been advised by the doctors that my mum will not improve and we may be able to have keys for her property from the police and have to go through her things. I really want to make sure that this is done fairly and as my mum wanted, I am pretty sure my mum has my husband as executor and but I am very unsure how best to proceed, should it be my husband who has keys when the police release them?

Your husband only obtains legal authority to deal with the property after your mum has passed away as his appointment as executor does not take effect until that time. I should imagine the police are happy to release the keys to the next of kin so you can secure the property however without a Deputy Order or permission from the Court of Protection you should not dispose of any property at the moment.