Parents WILL - Mis handling / Theft etc

[georgie-boy]

I need Official/Legal help in sorting out a Will.

My younger Brother is executor to our late parents estate. There are three siblings.

(There has been a lot of mis-handling by the executor, resulting in loss of money from the estate - this post isn't about that, but gives an idea of why I'm so peeved ?!)

 

The 'standard' Will states that the Estate is split equally three ways (a third share each).

 

My Sister started stealing property from the Estate from the day after my fathers funeral. She told me it was with my Brothers blessing (they hadn't spoken previously for many years). Initially he knew nothing about it, but now they are both saying that it was with his blessing "as executor".

 

Obviously this is wrong, & I sought the help of a Solicitor. He wrote to them both, who ignored the letters. The Solicitor says that he can't do much else !!!!!!!!!!!

 

To my mind, a Will is an official & legal document. They have both gone against our parents wishes, and stolen part of my inheritance.

 

What I need, is a Solicitor who is willing to fight for me,,,, I know there are thousands out there that are great at filling in forms and signing this and that,,,, but seem to shy away from actually fighting a case.

 

1/ I would love to hear from a Solicitor on these pages who is willing to actually fight for my rights.

 

2/ Failing that, personal recommendations would be good, from someone who's been through a similar experience.

 

Time is of the essence now, as the bungalow that forms most of the estate has just been sold, so I need to do something - (make a claim against the Estate / sue my brother) - before the monies are divided up.

 

I am already disabled, & all this is taking a terrible toll on me.

 

thank you for reading

[perplexity]

I have experienced a similar situation, where a family member trusted to manage an estate made a mess of it and lost money.

 

The eventual decision over that was not to take legal action. With all considered, the time, trouble and cost of legal action, is the net result to be a greater toll or a genuine relief? That is the question.

 

Family feuds are the worst because it is never so easy to sort out. While it may or may not be possible to judge where money should go, there is still the psychological and emotional aspect to cope with, at the end of it.

 

[georgie-boy]

I have experienced a similar situation, where a family member trusted to manage an estate made a mess of it and lost money.

The eventual decision over that was not to take legal action. With all considered, the time, trouble and cost of legal action, is the net result to be a greater toll or a genuine relief? That is the question.

Family feuds are the worst because it is never so easy to sort out. While it may or may not be possible to judge where money should go, there is still the psychological and emotional aspect to cope with, at the end of it.

 

 

I'm sorry to hear that you've had similar problems.

My main point is that my siblings have actually stolen property belonging to the estate - me.

I know that it will be difficult to prove mis-handling, especially when one can't find a Solicitor that will actually fight for it,,,, but they have conspired to rob me, & the thefts are self evident.

 

As far as I am concerned, my family can now rot and burn in Hell. They don't deserve a family around them.

 

If your idea is to let things go, then I'm sorry, I don't agree.

 

Come on Lawyers,,,,,,,, give me some help - pleeeeease

[perplexity]

If there is a fraud, theft or deliberate deception involved, that is a matter for the Police to investigate.

 

"split equally three ways" is obviously open to interpretation.

 

Is the division of the estate supposed to be in progress, or settled already?

 

[georgie-boy]

If there is a fraud, theft or deliberate deception involved, that is a matter for the Police to investigate.

All this is involved, but as it started almost 4 years ago, I think the statute of limitations comes into play - dosn't it ?

 

"split equally three ways" is obviously open to interpretation.

There are three siblings, we are to get an equal (third) share of the Estate

 

Is the division of the estate supposed to be in progress, or settled already?

It is now in progress. It virtually consists of a small bungalow, which has just been sold.

 

thanks

[perplexity]

If the matter is not yet settled it up to you to negotiate, to put you claim to the executor, formally, as per a solicitor's letter, etcetera. The record of that would then be the basis for an eventual action for relief if need be.

 

In the mean time you should be doing all that you can for yourself, to prepare to show that you did.

 

The problem with suing before the money is divided up is the want of a particular cause. It rather comes across as a fear, a suspicion, and not the sort of thing to be sorted out from a distance.

 

[Furkin]

I would love to hear from a Solicitor on these pages who is willing to actually fight for my rights.

 

I'm sorry to hear about your trouble. You are not the first & won't be the last in the same predicament. I don't want to get your hopes up, as I'm not a legal worker.

 

I'm not surprised if you don't get - what you think is - help from the very profession that's set up to do it. I agree that that most Solicitors only want to take on either straight WIN cases,,,, or "admit it, the judge will like it" !

Unfortunately, they are like any other profession or service, in that they seem to want to do as little as possible to earn their meagre (?!?!) salary and the thought of actually working for it seems alien to most of 'em.

 

 

 

If I read you right:

there are 3 sibling inheritors, who are supposed to get a third equal share of the estate, and there has been actual thefts, with the knowledge and consent of the executor. I'm sure you will find that this is totally illegal.

I am assuming that you have already been in discussion with the executor, and other party - hence your need for legal help.

 

I think it may help if you search and search this and similar forums, and try to glean bits of information from each persons posts, to build up some sort of Help Folio.

 

There is also the Police. They will look into actual thefts, and the ball has started to roll.

 

Good Luck

[georgie-boy]

If the matter is not yet settled it up to you to negotiate, to put you claim to the executor, formally, as per a solicitor's letter, etcetera. The record of that would then be the basis for an eventual action for relief if need be.

In the mean time you should be doing all that you can for yourself, to prepare to show that you did.

I've been trying to negotiate,,,, for almost 4 years ! The executor is well known for being a bully. He won't discuss anything and instructed his (our/estate) solicitor not to correspond with me. He (Sol) is also well aware of the thefts and my opinion of general mis-handling, as I've put it in writing to him.

 

The problem with suing before the money is divided up is the want of a particular cause. It rather comes across as a fear, a suspicion, and not the sort of thing to be sorted out from a distance.

Not sure what you mean here. I need to put in a claim BEFORE the money is allocated, otherwise i'll never be able to it back.

Fear: Yep - dead right. I'm afeared that they will inherit part of my money.

Suspicion: No suspicion. The thefts havn't been hidden, were overtly done, and talked about.

 

You are not the first & won't be the last in the same predicament.

I know this only too well by reading others similar stories. I think a bit of a hole in the legal system for some enterprising solicitor/s.

I know that solicitors read/write these pages, and because of that was hoping that one of them might be a bit more sympathetic to our causes.

 

If I read you right: there are 3 sibling inheritors, who are supposed to get a third equal share of the estate, and there has been actual thefts, with the knowledge and consent of the executor. I'm sure you will find that this is totally illegal. I am assuming that you have already been in discussion with the executor, and other party - hence your need for legal help.

Yep - that's right. Although the executor now won't discuss anything. Both he & my sister seemed to think that all the belonings were theirs to take, without a by-or-leave to anyone else.

 

I think it may help if you search and search this and similar forums, and try to glean bits of information from each persons posts, to build up some sort of Help Folio.

That's what i'm doing now - though not getting very far.

 

There is also the Police. They will look into actual thefts, and the ball has started to roll.

I may try that, but after almost 4 years, i'm not sure if they will listen. I wish i'd done that back then, instead of trying to do things right.

 

 

It looks like a good [problem]. If no-one will help the innocent victims of this sort of thing, then it will continue to flourish.

It is well known that Deaths & Marriages bring out the best & worst of people.

I can certainly understand why some people would take the law into their own hands.

 

 

thanks to all readers

[perplexity]

How exactly did the younger Brother get to be the executor?

 

[georgie-boy]

How exactly did the younger Brother get to be the executor?

 

 

??????????????????????????????????????????

I'll dig mum & dad up and ask 'em !

[perplexity]

Why acknowledge that the younger brother is the executor?

 

[georgie-boy]

Why ?

Simple - He is named in the Will.

 

If there is a way around that, i'd love to hear about it.

 

My Sister & I found the Will & saw this. We knew straight away that there'd be a screw-up either by mistake, or design.

 

Apart from the actual thefts, the whole thing has been mis-handled from the start. He has lost us thousands of pounds through his big-headedness and unwillingness to listen/discuss with the others opinions.

I think he lost £100k on the sale of the bungalow alone,,, and £30k by moving the cash savings from a high interest account to the solicitors 'Client' account !

[perplexity]

The trouble is that it is not so easy to claim against incompetence because of the trust factor.

 

It is not so different to investing in a bad company, the choice of where to invest inevitably entails a risk .

 

Were the parents alive today they would not be in so much of a better position than yourself, should they wish to complain about the handling of the estate because the choice they make is their own responsibility to have to live with, so to speak.

 

This is not to say that an executor is entitled to free hand regardless of the common law, just to not be so surprised if it is not so easy to find a legal advocate to take it on.