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Executor has mortgaged estate for personal gain

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  • #31
    Hi again,
    You really need to extricate yourself. If you are unsure whether your sister registered any Enduring Power of Attorney or Lasting Power of Attorney, it may be advisable to contact the Office of the Public Guardian to check nothing has been registered. You can find their details here:- https://www.gov.uk/report-concern-about-attorney-deputy
    You should have been informed by them if any document had been registered but with all the shenanigans that have happened in other areas and being a lawyer I would go down the belt and braces route if I were you and just check.
    If you are certain the only authority you provided her was to deal with the utilities and you have contacted them already hopefully that is all sorted now.
    It would be worth seriously considering sorting out LPA's appointing attorney's you 100% trust to deal with your affairs in the event you are unable to yourself but this can be done in due course.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #32
      Originally posted by Peridot View Post
      Hi again,
      You really need to extricate yourself. If you are unsure whether your sister registered any Enduring Power of Attorney or Lasting Power of Attorney, it may be advisable to contact the Office of the Public Guardian to check nothing has been registered. You can find their details here:- https://www.gov.uk/report-concern-about-attorney-deputy
      You should have been informed by them if any document had been registered but with all the shenanigans that have happened in other areas and being a lawyer I would go down the belt and braces route if I were you and just check.
      If you are certain the only authority you provided her was to deal with the utilities and you have contacted them already hopefully that is all sorted now.
      It would be worth seriously considering sorting out LPA's appointing attorney's you 100% trust to deal with your affairs in the event you are unable to yourself but this can be done in due course.


      Many thanks, I have seen the LPA she wrote up for my Nan and I definitely did not sign anything like that for her to help me.
      I'll contact the people on the link you gave me just to make damn sure she hasn't done something behind my back, she could have easily written something up and signed my signature as she has an example of it.
      I was really unwell and close to a 2nd breakdown, but I've never been hospitalised and would never sign anything in that state.

      Thank you for the link and the great advice.

      Queen Geek

      Comment


      • #33
        Originally posted by QueenGeek View Post


        Many thanks, my Dad was a scientist and Mum was a Secretary - they were both very accurate - we were wondering how come they'd made an error in the calculations when it came to dividing up what the house was supposed to be worth. Eg it was valued at £140k but the amounts left to the beneficiaries only added up to £125k. But if the "amended" sums for my little sister and her kids were corrected as I believe they should have been then it does add up to the £140k. I believe my older sister was going to keep this additional £15k difference.

        Just on this, normally a Will will have specific legacies - ie. £5000 to my sister, Jane Smith of 24 Whatsit Avenue - £10,000 to my friend Mr John SMith of 45 Peter Lane etc.... and then have residual beneficiaries who receive a share of whatever is left from the estate once any debts, tax, costs and the specific legacies have been dealt with. House prices/values change constantly so it would be tricky to expect testators to guess how much the estate might be worth at some unidentified future date.



        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        Comment


        • #34
          The relevant date is the date of death of the person whose Will it is. The property value is determined on the date of death ie if the property had sold on that day what was the likely sale price it would have achieved.
          Wordings of Wills can be complex and will very depending on so many factors. The Testator's wishes (person writing the Will) can be complicated and particularly when home made wills are prepared. Although there may well be other considerations in this instance of course!
          I am a qualified solicitor and am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment


          • #35
            Originally posted by Amethyst View Post

            Just on this, normally a Will will have specific legacies - ie. £5000 to my sister, Jane Smith of 24 Whatsit Avenue - £10,000 to my friend Mr John SMith of 45 Peter Lane etc.... and then have residual beneficiaries who receive a share of whatever is left from the estate once any debts, tax, costs and the specific legacies have been dealt with. House prices/values change constantly so it would be tricky to expect testators to guess how much the estate might be worth at some unidentified future date.



            I think the house had been valued prior to the "Will" being written up as they had been planning to move to a bungalow as my Mum couldn't manage the stairs anymore. I think that is the sum they used as a base.

            I've heard back and she hasn't got a LPA out for me, so thank you for that link.

            Queen Geek

            Comment


            • #36
              Good news there at least. Let us know how you get on with the Solicitor on Monday.
              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #37
                Originally posted by Amethyst View Post
                Good news there at least. Let us know how you get on with the Solicitor on Monday.

                Hi, it went very well with the solicitor on Monday. He trawled through all the paperwork I took over and is going to write to her (but get it hand-delivered as she refuses to accept Recorded Delivery items). He's also going to write to the witnesses and the solicitor/mortgage company who organised the mortgage for my sister. He agreed with all of you when he read the Wills and said they were pretty much rubbish, not clearly written and with the ridiculous £500 a month she's expecting to be paid as Executor! He also noticed the font on the altered pages was slightly different as well as the margins being justified instead of staggered (as she's probably used a different printer).

                We're filling in the paperwork to get her back to Probate Court in the meantime to have her removed as Executor while we're waiting for her to reply to the request for accounts & inventory for the estate.

                It's all moving forward, and her local Police are involved now - I've forwarded a more detailed explanation of events and also a copy of a text she has sent to someone whereby she's saying she is going to move and I will be unable to trace her (she changes her name & address to evade creditors), so they are aware she is a flight risk.

                She continues to deny she has done anything untoward to anyone who will listen and is aggrieved that I would even question her actions.

                Many thanks for all the help you have all given on this forum. I'll continue to update when things happen and I hope this never happens to another family.

                Thank you so much.

                Queen Geek

                Comment


                • #38
                  Good, I'm glad the Solicitor could see what was going on and is going to help you take the correct action to put a stop to things progressing any further and hopefully takes steps to get things back to how they should have been before your sister decided to, basically, commit fraud, and your parents actual wishes are carried into effect.

                  Did the Solicitor suggest putting an interim restriction or anything on the property to stop her disposing of it ?
                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment

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