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Helen Hill
Helen Hill, Lawyer
Category: Property Law
Satisfied Customers: 534
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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What rights hrs has an executer have before the grant of

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Hi what rights hrs has an executer have before the grant of probate has been issued. I. E to remove deceased son from property. Camped in campervan. Thanks
JA: Estate laws vary by state. What state are you in?
Customer: Oh sorrry are you usa. I am uk
JA: What documents or supporting evidence do you have?
Customer: Are you Uk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Hi are you united kingdom based please

Thank you for your question. I am a UK based wills and probate lawyer so will be able to assist.

If the executor is named within the Will then they have the authority directly from the Will and can start acting in the administration of the estate straight away. The process of applying for the Grant will confirm the validity of the Will and ultimately the executor's appointment but they can start acting immediately.

I hope this helps, do you have any further questions I can assist with?

Customer: replied 1 year ago.
Oh thanks thats very helpful to know. So if the genetic son who was only left his dads car is camped on drive but using electric etc. Was i right to follow EON instructions to put the bill in his name as he is using electric. Water board did the same. I am worried this gives him more rights to be there. Also he is moving stuff out the house for the tip, the neighbour there thinks. I am 150 miles away so cant do anything about him. Plus he is bit scary nasty. Thank you
Customer: replied 1 year ago.
Would you be able to reply on message, as i am at work and cant call. Thank you very much

I am happy to continue via message. It is right he should pay for any utilities he uses while remaining at the property. He should not be removing anything from the house though without the executor's consent as the executor is responsible for making sure any items of value are secured and distributed to the correct recipients.

Customer: replied 1 year ago.
Thank you. I think i need to write a list of questions on what i need to ask as. I am not sure how i stop him when theres no communication, although I have his email address, I think. Hes reported me to royal mail for diverting the post and he is being funny with the neighbour now too, I want him to leave. I may call you later with my list!

No problem at all, you can always return to this thread or come back to me at any time and send me a direct message. I would be grateful if you could provide a star rating in the meantime as this is how I am recognised for the help I give.

By the way, you are perfectly within your rights to redirect the post as long as it is for post in the deceased's name only.

Helen Hill and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you. I am writing a list now.. I will rate you now too, amd cone back to you ASAP

Thank you, ***** ***** much appreciated.

Customer: replied 1 year ago.
Hi Helen, do you want me to send the queries i have before a phone call. Thanks dawn

Hi Dawn, I'm happy for you to send additional queries here if that is easier for you.

Customer: replied 1 year ago.
Hi helen, thank you for your offer of extra time thats is really helpful. Here is some back ground.
My mom and Step dad wwre married for over 35 yrs. My mom did of pancreatic cancer about 5yrs ago, i have lost track. Eddie, my step dad, lived on own 150 miles away, self suffiecient, drove a vw turbo, but was nearly deaf and had arthritis, this didnt stop him though. He was 95yrs old. When mom was dyibg they both changed wills and i was executor.. I was left 70% his son 15 and my siayer 15%. In the last5 yrs, i have sorted his insurance out, hospital drs, house issues flooding etc etc. I rang him twice a week then every night from last yr. . Last yr he said he wanted to change will as my sister didnt bother amd his son was in europe and must have loads of money. The new Will was drawn up, he amended it so his son had his car and i was left the rest. He did not sign this until 27th jan. He read through it all first incl all the legal jargon. He died 8th march 2020.
He found he was dying on the 26th feb. He sold car 27th feb and had the money go ditect into his sons account. His dying wishes were that his son and my sister were not to be told until afyer. He had moved to my house a week before death. I did not have sons tel no. Son rang me eventually as his dad wasnt answerung phone and he had phoned garage to find out what the money was for. He was angry and in germany. I had numerous very long calls with him. He demanded his friend pick his dafs ashes up. I gave her permission. He then went mad when i told him i went to house to ensure post was removed and security lights etc. He said i was supposed to go there a week later and meet him, but i felt i had to go earlier due to post. He asked me about the Will. Then proceded to have a meltdown. Sending text messages and whatsapp messages that i didnt like tge tone of. He was rude on phone to o and made me cry. Then lockdown.
He arrived at house about 19th march. He is in campervan on drive with electric hookup. I have put water and elwctric in his name. I have contacted all banks and council etc. He is antagonising the neighbour, reported me to royal mail. They conf i am ok to divert post. He is now piling stuff up on lawn. He requested his dads driving licence and passpirt. I sent them. He is disputing i have permission to sort HIS dads estate, i told him i was executer. It seems borh him and my siater hate my guts which is fine. But i have done nothing but love and care for him. Thats the back ground, i will send my questions soon. As i dont know if i can make him leave etc. Family are coming to visit my garden. Excuse spelling.
Customer: replied 1 year ago.
The probate paperwork has gone to oxford. As i used a probate specialist to sort it all out for me. I have never ever been rude or obnoxious to the son. He had been abroad for the last 4 odd years. I cared for his dad both emotionally and with supoort, as he was unable to use the phone and hear properly. He could hear me as i mainly shoyted and talked slowly wirh a deeper voice. Eddie would ring my mobile at work if there were urgent matters. Such as burst pupe in front garden, hosp appt etc, care when he degloved his hand in a fire accident. I followed hus instructions to a T and never disrespected him, ever. I miss him a lot.
In respect if the son, who i do not want to annoy, but it seems he is due yo the Will . He said i am not power of attorney, i said thats in life not death. He wanted to know where his dads money was, who was paying for funeral etc. I explained that as executor r am responsible for keeping the house secure and bills paid for insurance and funeral etc. I sent him proof I am executer.
Is he allowed to syay on drive. Is he allowed to start sorting house out. Is he allowed to sack the gardener and give gardener the lawn mower as it had been in for repair. When he was being very very nice we dd duscuss him looking after the place but had yet to discuss this further then the Will problem arose and everything changed to very bad, in moments. He dad always said its just me and you dawn. Now its just me. What a mess death and wills create.

Thank you for all this further information and I am sorry to hear about the difficulties you have experienced. Firstly I want to reassure you that you have done everything exactly correctly. You have full authority as executor to deal with everything and I am sure this is why your step-dad chose you to look after his estate for him.

Strictly speaking he is not allowed to stay on the driveway as the property belongs to the estate. He certainly cannot dispose of any items belonging to your step dad as they belong to the estate and to you as the executor (and ultimately the beneficiary).

I am sure he is hurt now knowing how close you and his dad were and that things will be difficult for him but the simple fact is that you are doing everything correctly. I am pleased you are using a professional to assist with probate as they can take all the action for you and, hopefully, it will seem less personal coming from that firm than from you.

I do hope this helps to reassure you.

Customer: replied 1 year ago.
Hi it does reassure me, thank you. Do i need to write to him asking him to leave asap now lockdown has eased. I think i have his email addtess or should i write a letter?
I forgot 1 more issue I have. When he was being very nice and very reasonable, and before getting back into the UK. He asked me to send a door key so he could get into the house. As he was going to get there before i could as I was working. We were to meet on the 21st march. So i sent a key so it would be in the letter box at the end of the drive. After i had sent it he started to be nasty. Once he arrived, he then told me and the neighbours that his dad had left him the key to get in and it was hidden. I have no idea why he is telling this lie, as his dad refused point blank to leave a key anywhere incl in a key safe on the wall. I know 100% that he did not leave any key. Does he think by saying this he has rights to be in the house. I don't understand the point of this. I am concerned however, that i sent a key which in theory gave him permission to be there, even though he insists its his dads key left especially for him.
Could you advise where i now stand with him and the key saga.
Thank you dawn

Yes you can now write to him and ask him to leave. Perhaps setting a realistic timescale for him would help. Perhaps this letter could come from your instructed solicitor so that he takes it seriously and it feels less like a personal issue?

The fact he has a key makes no difference to his position. He has no right to be on or in the property.

If my assistance has been useful I would be most grateful if you could provide a rating for my service as this is how I am recognised for the help I give.

Customer: replied 1 year ago.
Thank you so very much for giving me help and to make me realise i am doing the right thing. Thank you

You are most welcome.

Customer: replied 1 year ago.
Hi helen, i wrote a review but not sure if that worked or not. But i can't add a star rating as it seems to imply i have already.

Thank you, ***** ***** is now showing. I appreciate you taking the time to do this.

Customer: replied 1 year ago.
Its a pleasure
Customer: replied 1 year ago.
Hi helen, are you able to do a letter. I am not sure how this works.
Customer: replied 1 year ago.
Hi are you able to do letter or do i have to get a local solicitor. Thanks

Apologies for missing your additional question. I am unable to write the letter for you. Could the probate specialist you used before help as they are familiar with the case?

Customer: replied 1 year ago.
Hi, he said he cant as he doesn't deal with disputes only deals with the paperwork for the courts etc. To get the grant of probate. Thank you amyway.