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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9141
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My mother died recently leaving 6 live adult children.

Customer Question

My mother died recently leaving 6 live adult children. It was common knowledge in the family she had written ten years ago. After she died my sister who had power of attorney applied for probate stating she could find no Will. She did this without the knowledge or consent of the rest of us as it was common knowledge my brother and I were mum's joint executors in the Will. I think while she had power of attorney during mum's last years she has mismanaged or misspent money and give or sold a lot of personal items of my mothers jewellery etc. We have since found out that together with one of the named executors (my brother) she attempted to apply for probate to close out bank accounts etc. Once I got wind of this I applied for a caveat its been in place for 2 weeks. Now my sister together with the other executor has gone to a solicitor for them to apply for probate for them. The solicitor has written to me asking me to contact them to meet with my sister and brother?? I am now pretty confident now that my sister and brother have misused my mothers money and taken items she has specifically bequeathed in her Will. I want to safeguard myself and other beneficiaries but I am unsure how to proceed.
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I am sorry for your lossI shall do my best to help you but I need some further information firstWhat is the extent of the assets
Customer: replied 1 year ago.
Who think it should be about £80,000 + - I should add that the solicitors who have contacted me I think are those used by my sister (so would that be a conflict of interest).
Customer: replied 1 year ago.
Initially this sister and brother told us all the money had all gone - and the individual items bequeathed had also gone missing. An awful lot of items. In the last 5 years of her life our mother had moved in with this sister who made it difficult for us to visit our mother.
Customer: replied 1 year ago.
Also, she had power of attorney and we think she accessed our mothers accounts and misspent monies.
Expert:  Clare replied 1 year ago.
Will your other siblings support you?
Customer: replied 1 year ago.
I was able to contact the retired solicitor who originally wrote the will and he supplied me with 6 copies. This sister is now admitting to the will and that's where I come in much to her annoyance. And has gone to a solicitor because she is worried I am going to uncover what she has done. Two will support me - I think she has shared monies with another brother and sister paying for foreign holidays.
Customer: replied 1 year ago.
I don't want to meet with her solicitor if he is going to cover up for her. Conflict of interest etc I think she is panicking now. Can I ask for all my mums accounts to be looked at? How do I know she is not hiding accounts from the rest of us?
Customer: replied 1 year ago.
I should add that this sister is a widowed pensioner yet was able to purchase a rental property while my mother lived with her.
Customer: replied 1 year ago.
Are you still there Clare?
Customer: replied 1 year ago.
Should I meet with this solicitor and should I voice my concerns to him? Will he act impartially for all beneficiaries and ensure the accounts are looked at. And if monies are missing will he ensure she puts the money back?