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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 622
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Ben, you recently helped me to resolve my 'hat' issue and I

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Hi, Ben, you recently helped me to resolve my 'hat' issue and I thought I should try asking you about my mother's will. My mother died on 3.1.19 and I am the eldest of three children. We are all executors of the will which is very simple and gives a gift of £1000 to the grandchildren, jewellery to be split equally and the estate three ways. An additional £1000 was left to my sister regardless of whether she acted as executor. I want to know legal obligations of the executors. My sister has taken control of situation despite my offers of help. She informed us in July she wanted to buy my brother and I out of the house and move in to it. She has not yet put her house on the market. I asked for copy of the accounts and got hand written sheet with funeral and other grave outgoings on, gardener, window cleaner and other small outgoings but not bills or council tax on. My brother and I want to put the house on the market as things are dragging on and feel like my sister and brother in law are going to take us for a ride. I want to know what kind of accounts I should expect to see and what our legal obligations are regarding my mother's estate. Many thanks, Cherry

Hello and thanks for requesting me – as mentioned in the other post, unfortunately this is a question which is not within my area of law. I will open to it to all other experts and someone will hopefully pick it up soon. Please do not reply to this as it will just lock the question back to me. Many thanks

Hello my name is ***** ***** I can help with this matter if you are still looking for help, please note there may be delays between messages as the experts on this website are all third party and are not on here full time. Thank you.

Customer: replied 10 days ago.
Hello, Ross. I would be grateful for your help. Cherry
Customer: replied 10 days ago.
I would rather type than talk and understand there may be a delay.

No problem please just ignore the phone call request as this is automatically generated by the website. I will get back to you about this in full tomorrow afternoon. I appreciate the patience and we can start getting this sorted for you. Kind regards

Are you still looking for help with this matter?

Customer: replied 6 days ago.
I have got a conversation that seems suspended with plclegalbarrister but I can put the same question to you. I now understand that my brother and I have been rather lax regarding being co executors with our sister in dealing with my mothers will. We are now writing to our sister asking for a copy of the grant of probate and a full copy of the accounts for disposal of my mother's assets thus far in response to advice from plclegal.

10/10/2019 03:32
Thank you,Peter. I have a few further points I would like to ask your advice on. Mum died in January and we had her house valued at £277,000 for probate. The will is simple and all assets to be divided equally between us three children along with £1000 each to of the eight grandchildren and also the two great grandchildren (to held in trust till they are 18). My sister got £1000 extra in addition, even if she decided not to act as executor. So far Lisa, my sister, has dealt with all money aspects including funeral, headstone, house bills etc including applying for probate. In April she informed us that she wanted to buy my brother and I out and move into Mum's house. She still has not put her house on the market. She also has all of Mum's jewellery except my father's wedding band, which was left to me, and I have that.
I have asked my sister for copies of expenditure and income (bank account in Mum's name) but she has supplied only a handwritten list of outgoings including funeral expenses, gardener, window cleaner, Car expenses (we had car valued and I purchased it from the estate for £450), house insurance and pension repayment. There are no records of council tax, TV licence, gas and electricity. Also, the phone was left connected until April. I understand from your comments previously my brother and I are entitled to see these accounts. Also, we have since had the house valued at £3000,00 market price and are unsure what to ask Lisa to pay for it.

My mother had a private number plate on her car and the estate paid for removal and new plates but I assume my sister has the private number plate in her possession. I want to know how my brother and I can proceed legally to obtain all money details and get our fair share of mum’s estate as we think my brother in law and sister will not carry out our mother’s sense of fairness. However, we are unsure if we can 'out vote' her and put the house on the open market so liquidizing this asset and begin to share the money equally as the house is starting to look un lived in.
Customer: replied 6 days ago.
What further details do you require from me?

Thank you for the information. Sadly, this can happen quite often when it comes to an estate which has more than one executor. There are different options you have. Firstly, the most obvious, try and communicate with your sibling if you are having a disagreement it is ALWAYS best to try and resolve it at this point. However, if this is unsuccessful you can ask for an independent executor to be appointed. This would normally be a lawyer. The advantage of this is that they have no personal interest in the estate and will ensure that the craves in the will are adhered to legally and will also always act in the best interest of the estate. However, if untimely things deteriorate and there is extreme conflict between executors then you may have to go to court and ask for them to make a decision for you based on each persons arguments put forward. Once the court makes a decision then that will be final. Sadly you cannot simply just " out vote" another executor in the Will.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Ross Miller,
Category: Law
Satisfied Customers: 622
Experience: Director (Litigation and Mediation) at Hilltop Solutions
Ross Miller and 2 other Law Specialists are ready to help you
Customer: replied 2 day ago.
Thanks for your help. We have written to our sibling with our concerns now we know our legal obligations.