father and mother died sister cleared house

D

david451

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Both my father and mother have passed away, father last year and mother a month ago, solicitor sole executor.

solicitor sent me a letter telling me sister organised the clearance of everything in the house, its all gone but we are only at the beginning of the paperwork. I thought all the items in the house were assets.

Solicitor told me he couldn't get a key to get access to do an inventory, I told him to get a locksmith but cant do one now nothing in the house.

What do I do is the solicitor to blame or my sister and can I reclaim these losses.
 
david451 said:
What do I do is the solicitor to blame or my sister and can I reclaim these losses.
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Before you go that far take a step back. Who is the executor. Who was looking after your parents. What was in the house of value. What did your sister do with the contents. What does the will say.
 
Bronte said:
Before you go that far take a step back. Who is the executor. Who was looking after your parents. What was in the house of value. What did your sister do with the contents. What does the will say.
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The solicitor is the sole executor.

My parents looked after themselves with a little help from a home help and we visited just as did my sister.

it was a three bedroom house so everything one would expect including all personal effects. I don't know what happened to the contents, she kept what she wanted, gave away what she didn't or sold or skipped it.

the will states the estate to be divided equally between me and my sister.
 
When my father died a few years ago we divvied up the contents. However nobody took as much as a teaspoon without consulting the other 4 siblings. I can well understand why you are so upset. Have you asked your sister why she did it?
 
I'd suggest that the solicitor as executor has failed to protect the assets of the deceased and should now value the stolen / missing assets and deduct that amount plus any additional outgoing or fees from your sister's settlement.

It doesn't help with the emotional loss or upset but might help to curb your sister's high-handedness in future.
 
emeralds said:
When my father died a few years ago we divvied up the contents. However nobody took as much as a teaspoon without consulting the other 4 siblings. I can well understand why you are so upset. Have you asked your sister why she did it?
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Same thing happened with me. Sister trawled through my father's house when he was in a nursing home, taking all the valuable items. She is now saying that she was given these by my father which we know is not true because my father said it.
Her husband is the executor who is acting "thick" but enjoying the spoils.
 
Sometimes a child (usually a daughter..) will give up their lives to caring for elderly parents, with very little input from other siblings. Then the parents die and the other siblings come looking for equal shares of everything....And the child who gave most of their time and energy gets only the same as the others..unless they take what they feel is their due first before the others get their hands on it.
That is presumably why Bronte posed the question of who looked after the op's parents.
Though in this particular case that does not seem to be the situation.
 
Exactly Emeralds, nothing is black and white. Also we don't know if the sister cleared out the house because nobody else was around to do it, we don't know if we are talking about valuable stuff or ordinary house furniture.
 
david451 said:
I don't know what happened to the contents, she kept what she wanted, gave away what she didn't or sold or skipped it.

.
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Did you ask her what she did with the contents. I will agree on this, you and she should have divided up the contents. In my own case we did it Emeralds way, down to the last teaspoon. Had a job even to persuade people to let me put stuff in a skip, at one stage had encouraged swarming local travellers to take a load of stuff and still ended up with one sibling wanting to climb into the skip to retrive a nondescript rug.

Sad you and persumable your only sister should fall out over this, you'll find in general it's not worth it. Grief does funny things to people. Maybe she emptied the house as a form of closure.
 
Bronte said:
Did you ask her what she did with the contents. I will agree on this, you and she should have divided up the contents. In my own case we did it Emeralds way, down to the last teaspoon. Had a job even to persuade people to let me put stuff in a skip, at one stage had encouraged swarming local travellers to take a load of stuff and still ended up with one sibling wanting to climb into the skip to retrive a nondescript rug.

Sad you and persumable your only sister should fall out over this, you'll find in general it's not worth it. Grief does funny things to people. Maybe she emptied the house as a form of closure.
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She never emptied it herself she got somebody else and although as said there are two sides to the story, she is a git.

Last year she tried to stop me getting on my fathers POA because he had altzheimers, did everything so she did even had to get the police because of the threats. turned out it was to stop me getting into the bank accounts and she had taken 90.000 I reported it to the public guardian and they put restraints on his account but it was to late, and regardless of what anybody says they are useless.

Solicitor says he cant get into the house she has a key and wont hand it over, my key was lost in a car accident and never bothered because I never went over to visit if nobody was there.

Solicitor says he wants to an inventory of everything but he is too late.
 
david451 said:
She never emptied it herself she got somebody else and although as said there are two sides to the story, she is a git.

Last year she tried to stop me getting on my fathers POA because he had altzheimers, did everything so she did even had to get the police because of the threats. turned out it was to stop me getting into the bank accounts and she had taken 90.000 I reported it to the public guardian and they put restraints on his account but it was to late, and regardless of what anybody says they are useless.
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Did this happen in Ireland?
 
emeralds said:
So she took €90,000 from your father's bank accounts? Without his permission?
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When they wanted the POA my sister didn't want on she wanted to put her husband on, he works in a bank, my fathers account funds were being transferred to another account, in his name but one he knew nothing about, presumably signed a doc not knowing and trusting his daughter. they drew out 300 at a time twice to three times a week until it was gone.

I know what they did but its unfixable, and that's why they wanted to keep me off the POA so I could not find out.

Couldn't sort that I tried but he had lost his capacity and I was fooked.

Its in Scotland and a solicitor is executor but he sat back and allowed family to sort out things, basically getting his money for nothing but its went bottoms up because my sister has cleared everything from the house so no assets to value or create an inventory.

Am I screwed again.
 
I am not a lawyer but I do know that laws in Scotland differ greatly from the rest of the UK (England, Wales & NI) or Ireland. I find it difficult to assess options or offer suggestions at this remove. Sorry.
 
david451 said:
Its in Scotland and a solicitor is executor but he sat back and allowed family to sort out things, basically getting his money for nothing but its went bottoms up because my sister has cleared everything from the house so no assets to value or create an inventory.
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This is an Irish website, so I'm not sure that contributors will be able to add much insight to your situation.
 
Has a solicitor a right not to reply to another solicitor in an issue regarding a dispute over probate administration
 
mahoon said:
Has a solicitor a right not to reply to another solicitor in an issue regarding a dispute over probate administration
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This thread is about a Scottish based problem which finished in effect in March 14 so is your question related to it or something else.
In general as long as they get paid they will reply to anything:)
 
Yes in the matter of executor -v- co-executor/beneficiary. There is an issue with regard to the administration of the Will. I am the co-executor/beneficiary. My eldest sister is the chief executor, has applied and been granted probate of my father's Will but I am not happy with the probate's solicitor/chief executor's interpretation of the Will so I engaged another solicitor who wrote to them several times but never got a reply.
 
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