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Legal matters

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Proceeds of Will.

18 replies

DFOD · 27/09/2021 22:12

DM died intestate. DSis was POA and executor of will (DM had dementia and then care home). Probate granted and simple estate divided 3 ways amongst siblings. Estranged DB has not taken his share and instructed solicitors to challenge finances. DSis has supplied his solicitor with all paperwork but they have now contacted me to ask further / corroborating Qs. To my understanding there are no discrepancies. My DSis is feeling harassed by estranged DB solicitors (he has form for being vexatious and malicious). Am I under any obligation to respond? What could happen next and should DSis or I seek legal support?

OP posts:
titchy · 27/09/2021 22:18

How can she have died intestate if there was a will? Confused

DFOD · 27/09/2021 22:27

Sorry that’s my legal terminology ignorance - there was no will - maybe I mean assets?

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DFOD · 27/09/2021 22:28

Or administer of estate?

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ItsReallyOnlyMe · 27/09/2021 22:33

I would answer their questions as honestly as you can. Presumably your sister has too. If that's the case then I can't see what claim your brother has.

DFOD · 27/09/2021 22:55

She has replied and supplied all paperwork with explanations where requested.

I don’t know why they are asking me as I was not involved in day to day financial affairs and although it looks all above board I am not in a position to answer the Qs querying the care home invoice - even though it’s there in black and white I have no more insight to offer than what’s printed on the invoice. I just wonder what I am obligated to do other than respond that I was not POA or administrator/executor.

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kitkat6 · 27/09/2021 23:05

Yes you need to answer as fully and honestly as you can. The quicker no foul play can be established the better then probate can go through no be granted

Elieza · 27/09/2021 23:11

Sorry for your loss.

Just be honest and answer the questions to the best of your knowledge. The sooner it’s all over the better. If you say nowt your db is likely to think you’re in on some scam and will keep the legalities going and it will just be long drawn out.

prh47bridge · 27/09/2021 23:15

@kitkat6

Yes you need to answer as fully and honestly as you can. The quicker no foul play can be established the better then probate can go through no be granted
Probate has already been granted and the estate has been distributed.

OP - you are not obliged to answer his questions. However, if it were me, I would answer as best I could. If he is asking questions you can't answer (such as the question regarding the care home invoice), I would simply say that I couldn't answer and explain why. It may help to defuse the situation.

What could happen next is that he could take legal action against your sister on the grounds that she has not distributed the estate correctly. He could also take action against you if he thinks he can show that you acted with your sister to deprive him of his inheritance. However, if your sister has handled the estate correctly he will get nowhere.

DFOD · 28/09/2021 07:42

That’s really helpful - thanks so much everyone for your guidance. Apologies if this feels like a drip feed he is also asking how DM spent her money since DF death (17 years ago) - DB has been estranged from the family for over 20 years. DSis only had POA in last 2 years. Wondering what he can do here - gain access to her historic bank accounts etc? I don’t care if he does - neither of us have anything to hide - or to answer to - just feel that he will use this process to bully and harass if he can.

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NewIdeasToday · 28/09/2021 07:53

It can’t be any of his business how your mum spent her money on the last 17 years. And there is no reason you would know. Even if she blew loads of money on round the world cruises that’s fine - it was her money to spend.

Sorry you’re going through this at what is a difficult time already.

NewIdeasToday · 28/09/2021 07:54

Can you get a solicitor to write back to him explaining the info you will provide (how her
Estate has been shared). And saying that the other UF o he’s requesting is not appropriate to ask you and not available.

NewIdeasToday · 28/09/2021 07:55

Sorry - that should be ‘other info’. Don’t know where the UFO came from!

DFOD · 28/09/2021 08:10

Thanks that’s how we feel. I was wondering if getting a solicitor to respond to his solicitor would be more appropriate or if it was too heavy handed. I expect that he will take this as far as he can his solicitors have already asked my DSis to share her bank statements - she refused as she has a joint bank account with her DH. Maybe they have exhausted their efforts with DSis and are just now hassling me. As I said everything is / was above board but wonder how far he can take this - and what we are in for as he will just want to agitate and disrupt.

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NewIdeasToday · 28/09/2021 08:12

I would definitely get some legal advice then. So you can try and close this down ASAP. He certainly shouldn’t be asking for your sister’s bank statements.

DFOD · 28/09/2021 08:26

He asked for them via his solicitor - if this was inappropriate surely the solicitor wouldn’t have complied.

I am tempted to ask him to go to the police if he believes there is a crime to be investigated. I do know he will be vexatious and malicious to the end - he won’t care about wasting his own time and money - just need to understand how far he could take this without any crime/evidence/issue and how much money and hassle he can cause us.

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FinallyHere · 28/09/2021 08:38

if this was inappropriate surely the solicitor wouldn’t have complied.

Sadly, I'm afraid this is a mistaken view. Solicitors get paid for executing their clients instructions.

To be fair, most solicitors will accept instructions in the first instance. How could they possibly know in advance whether there has been shady behaviour?

The solicitors would be looking for a case to be made against your sister. Sounds as if they are now looking for collaboration of her position.

Unfortunately, you can't be sure whether they are the kind who would drop the case if your don't find anything suspicious. They do that by suggesting to the client that there is nothing more to be done. Sadly, there are always other solicitors happy to take money for sending letters.

I would encourage you to get your own legal advice, in how you can best close down his enquiries. Not necessarily even writing any letters, just to advice how best to respond.

Wanting the last seventeen years of bank statements certainly sounds vexatious. There is in fact no way to compel you to answer any letters from his solicitors, without a court order.

All the best.

IsabelBeck · 28/09/2021 09:06

if this was inappropriate surely the solicitor wouldn’t have complied

A fool and his money are easily parted. You'll always be able to find a legal bod happy to write letters at £150 a pop.

Don't waste your money on a solicitor. I would reply that your sister had POA and to the best of your knowledge you have no reason to doubt her integrity.

I'd also say you believe your brother's motivation to be vexatious and malicious and you won't be entering into further correspondence.

DFOD · 28/09/2021 13:37

I’d also say you believe your brother's motivation to be vexatious and malicious and you won't be entering into further correspondence.

I would love to say this - but it would be red rag to a bull. It’s best to give simple grey rock answers to bullies like him.

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