So removing valuable items for safe keeping is a sensible thing to do, you can't leave anything of value in an empty house. The executor is responsible for safeguarding the assets of the estate. Has the executor given out money bequests?...executor of... has given out bequests & is clearing his house & has taken all his possessions of value into her house when she hasn't even applied for probate yet.
I suspect this is the nub of the problem....She refuses contact with me & barely speaks to my other sister.
How do you know? When did your father pass away?... she hasn't applied for probate yet?
Based on what you have said, I would agree that she appears to be disposing of assets of the estate without having a Grant of Probate. I wouldn't have expected that after 6 weeks she would have completed the CA24, even going at a galloping pace it would take longer than 6 weeks to get all in information/ statements / valuations etc., together. I don't understand how she was able to make a withdrawal from your father's bank account(s) as they are frozen as soon as the bank is notified of the death. She certainly won't be able to sell the house with out the Grant of Probate.Yes she has given one bequest of £1000 out of my dad' s money. She is also selling his car in the next couple of days & his furniture.
Yes she has given one bequest of £1000 out of my dad' s money. She is also selling his car in the next couple of days & his furniture.
Probate has definitely not been applied for yet but my mother has seen a folded portion of the will that states the youngest daughter is executor.
Is she allowed to dispose of these items before probate? I understand the house clearance should b done in order to prepare the house for sale.
One other point, I am concerned that she is throwing all my dad's business receipts in a skip when they may b needed by the tax office etc. Surely it would b better to save the last 6 years worth?
Sorry my father passed away 6 weeks ago. So I feel this is being rushed through when I am still coming to terms with his loss.
Again thank you so much. I am very grateful for any assistance in this.
It probably wouldn't hurt to point out that there are legal implications to acting as executor, and she can be pursued in her own right, both by the heirs and the authorities.
Thank u for all your responses. I got on extremely well with my father, I worked with him for years & we met up nearly every week & spoke on the phone several times a week for years. I did his banking every week until a few years ago when I went to work for myself. The problem is b/w my younger sister & myself & my older sister (my older sister & myself get on well).
The reason my younger sister doesn't get on with anyone in the family is that she is violent & alcohol dependent. She has attacked several family members, landing some in hospital. She was arrested for attacking me 2 years ago. When my dad became ill, she took over, moving in with him, denying him nursing care & insisting on only attending to him herself although I managed to visit every day for several hours to help him. I am severely disabled myself & my older sister lives over 500 miles away & we think that is why my dad made my younger sister executor as well as the fact that he was scared of her & she bullied him. He did not write the will until the week before he died. I had no idea he was writing it.
My younger sister has told us the contents, although refusing to show us the will. According 2 her we are jointly residual beneficiaries from the sale of his house, its contents & all his assets.
2 wks after his funeral my younger sister wants to gut his house, without either myself or my older sister being there & without us seeing a copy of the will. I am reluctant to throw all my dad's stuff away until i know what his wishes were. I fear that she will go ahead & do this.
To answer the question "shouldn't she be doing this anyway is if she is executor?" I have doubts as to her suitability due to her violence, her threats to my dad (which I & a witness have heard), her violence to myself & other family members, her alcoholism & drug abuse, her telephone conversations (recorded) with my older sister, stating that she is going to make sure we don't get a penny & that she is going to take as long as she can to execute it in the hopes that we will die in the meantime.
Do you think I have grounds to challenge her as executor? I do not wish to do it myself but would rather someone independent.
My younger sister has told us the contents, although refusing to show us the will. According 2 her we are jointly residual beneficiaries from the sale of his house, its contents & all his assets.
there's no entitlement to inherit anything; the only claim children have is if they can establish the parent did not adequately provide for them as children. There could also be a claim if one of the children had a disability/special needs that required greater support.
unless you believe it was a genuine mistake on the grandparents part, there's not really a great deal you can do and again, unless it's a very large sum of money, I don't think it's worth the cash you'll have to spend.
Thanks, do you mean the only claim the child can have if their parent (still alive)didnt provide for them that they could be entitled to the grandparents estate (deceased)
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