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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 4778
Experience:  Dual qualified Solicitor and Attorney
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I am pursuing litigation against my brother over my Mother's

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I am pursuing litigation against my brother over my Mother's estate, which contains a property and some funds.He reserved his power as executor and I became the acting executor. I obtained a grant of probate with inheritance tax paid last August(2019). I tried to talk about selling the house with my brother, he made recorded threats against me and has occupied the house though it his not his official address. I have since pursued litigation against him and lawyers have advised me that I am allowed to use estate funds to pursue this as selling the house will be realising the assets of the estate for both beneficiaries. However the lawyers say they cannot advise me in the non-contentious realm, ie my remaining duties as executor. I know there is an "executor grace" period of a year after gaining the grant of probate, and I know I should account to him. Because of the court case I am not bound to distribute the funds, but is there anything else I should be doing apart from presenting accounts to him?For example I registered the property with the Land Registry in my name as executor, am I required to add his name?There are no outstanding debts on the estate, no other beneficiaries other than the two of us. I read I should have "registered the grant with Asset holders", I'm not sure what that means?Also I have been unable to carry out direct maintenance due to fears for my personal safety. So is there anything else I am required to do in this situation? Many thanks.
JA: Where are you? It matters because laws vary by location.
Customer: London, U.K.
JA: What steps have you taken so far?
Customer: I have outlined these in my question.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you .
Customer: replied 11 days ago.
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Customer: replied 11 days ago.
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Hi thank you for your message, no it seems as if you are doing everything you can to realise the assets of the estate and distribute them apart from what you are doing there is not really anything else you can do until you can enforce the distribution. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 11 days ago.
am I right to think that becasue I am taking legal action to force the sale of the assets I am not under any obligation to account to him or complete other duties?

You cannot provide an accounting at this stage and you cannot complete so yes. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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