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Probate / executor problems

5 replies

mickey54 · 23/12/2024 14:31

Hi don’t know if anyone can help. I have had issues for a really long time with my father’s second wife. We both had power of attorney whilst he was alive he had dementia. He has now died 2 years ago. She however under the LPA took large sums out of my dad’s money and received all his incomes in her bank basically leaving him penniless. It’s all been through the OFFICE of PUBLIC GUARDAN.some she paid back most she got away with by now I know making things up which the OPG just took on her word. Fast forward to the probate as joint executors and I have asked her to outline where his money has gone to account for it for probate and she told the solicitor she refuses to answer any questions . It’s too expensive too remove her the only asset left is half of the current house should be in trust for me. I can’t get her to process to do this. So it’s in my dad’s name.
can she sell this house and try to pocket rest of money without my knowledge which I suspect if she can do it will do as she has made it clear none of my dads money is to come to me ???

OP posts:
DemonicCaveMaggot · 23/12/2024 14:38

One thing you can do is sign up with the Land Registry for a property alert on your father's house. If she tries to take out a mortgage on it or sells it without your permission you will be notified.

I would ask your solicitor whether she can be removed as an executor as she is refusing to act (by not completing the questionnaire).

Did your father's will leave everything to her? Or did he specifically set aside money and his house for you?

mickey54 · 23/12/2024 14:40

DemonicCaveMaggot · 23/12/2024 14:38

One thing you can do is sign up with the Land Registry for a property alert on your father's house. If she tries to take out a mortgage on it or sells it without your permission you will be notified.

I would ask your solicitor whether she can be removed as an executor as she is refusing to act (by not completing the questionnaire).

Did your father's will leave everything to her? Or did he specifically set aside money and his house for you?

Hi yes I did that actually the land reg although I’m not sure how accurate that will be.
the main thing left is the house she can live till dies but her half is hers the other 50 my dads should be in trust so that’s what is worrying by not doing probate she may find a way round to sell .

OP posts:
MadameMaxGoesler · 23/12/2024 16:53

The Land Registry alert definitely works. I set it up for our house, my elderly mother's house and my late sister's flat which my brother and I were selling. All properties mortgage-free, so fraud is easier. When the sale of the flat was going through I received several alerts for searches by the buyer's solicitor.

mickey54 · 23/12/2024 17:01

MadameMaxGoesler · 23/12/2024 16:53

The Land Registry alert definitely works. I set it up for our house, my elderly mother's house and my late sister's flat which my brother and I were selling. All properties mortgage-free, so fraud is easier. When the sale of the flat was going through I received several alerts for searches by the buyer's solicitor.

@MadameMaxGoesler thank you that seems maybe some peace of mind so does it actually show who does the search as well?

OP posts:
MadameMaxGoesler · 24/12/2024 18:07

@mickey54 Yes it does.

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