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Fathers estate a mess please help

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  • Fathers estate a mess please help

    Hi, sorry all I am new to this. Here goes, I am the eldest of three children. My father passed away July 2018. Firstly I got the will and contacted the solicitors who originally dealt with my father and done his will. My brother (the middle child) was living with my father at the time of his passing, as well as my sister (who stayed to help care for my father, meds appointments etc). The solicitors said they did not have the original will, which I found a bit odd. Anyway, out of courteously we did say we would let my brother stay until he sorted somewhere else to live, although he took the mick totally and we could not get him out for about four months and in which time he had basically stripped and stole anything and everything as well as giving stuff away. We raised the issue of a few sentimental items to the solicitor but he did nothing. He was also threatened by my brother when he was present to take the keys of the house. I told him to report it to the police but he didn't. That is just the start!!

    We have not spoken with our brother since. Anyway on to the important bit, the house sale was a farce, we eventually sold his house about September last year 2019. Now my father was not right for months, as in his writing, reading and hand to eye coordination was not right before he, under much persuasion was taken to the hospital for tests and they discovered lung cancer, which had spread and resulted in 2 brain tumours also, hence the problems with speech etc. By the time it was diagnosed we were told it was terminal and he was given chemo and radiation which was just life preserving at the time, I think for us to try and digest and accept the diagnosis.

    We have in the meantime discovered, to my horror at least, that my dad signed as guarantor for a 10 thousand pound loan to two young girls at his work, just months before he was officially diagnosed. Which one begs the question was he even in the right frame of mind to even sign and realise what he had done? I don't know. He didn't even mention it before he died. Anyway it was that monstrous loan company that starts with an A. The total amount payable is a staggering 23 thousand pound!! As you can expect the two idiots stopped paying as soon as they heard he passed. This prompted my sister in her anger and disgust to post what they done on FB and publicly shame them. They are paying the bare minimum now but my sister and me don't want the loan paying from the estate as one we don't think he was in the right frame of mind and two why should they walk away with 10k free? As even if we took them to the small claims court it one, would cost us, and two we would be looking at about 5 a week for 40 years and that's even if they paid that.

    Anyway my brother has said he is happy to pay. We (sister and me are not) can the solicitor force this?. Also the named executor is my dads twin who is now receiving cancer treatment so has been sort of 'sharing' executor responsibility with the solicitor. What the solicitor does not want to sort he bunks off to our uncle and our uncle being ill he has not been able to sort stuff, plus everything my uncle suggests the solicitor just makes excuses dithering back and forth then says no. He also quite rudely asked my auntie if she was my uncles next of kin, saying if the loan defaulted she would more or less be liable if it was not paid and not paid now. Unbelievable!

    The last update of the solicitors bill was about 16k and that was before Christmas just gone. We are dreading the bill now. The solicitor has fobbed us off a couple of times with cheques here and there of 4k and 2k but the estate is still not settled and the solicitor is still conjuring meetings with my uncle and 200 a time and letters, e mails of 40 a time, which now my uncle only gets and forwards on as he is trying to save us money of what is left of my dads quickly dwindling estate and our inheritance. The solicitor first said we could hold 15k in an account for the loan should the girls default, but now he is saying it should just be paid. But only 2 of 3 of us want this. Can he override us and pay it? Also should the estate not be done and dusted after 20 months??? The solicitor is taking the mick and the money, we are so frustrated. The way things are going we will have nothing.

    Are solicitor costs not capped? Can we take legal action against said solicitor after all this, as all three of us are not happy with the way he has handled the estate. Where do we start? I do apologise this is such a long thread, and to tell you this is just a snippet of what we have endured would not be far from the truth. I did contact a different solicitor in our home town and he said if I printed all my email correspondence and paid 500 he would tell me if 'I had a case' and how to go about it, but then I have heard 'they all stick together' my sister and me do not know what to do and where to turn without being ripped off anymore. Any help or advice would be truly gratefully appreciated. Again a thousand apologies for the length of this. I could have added so much more but this is the main problem (loan) holding up the finalisation on the estate. Then we can progress from there, hopefully.
    Last edited by midlandsuk; 22nd May 2020, 21:40:PM.
    Tags: None

  • #2
    Can I suggest you edit your post into paragraphs? So that people dont give up


    • #3
      Originally posted by ostell View Post
      Can I suggest you edit your post into paragraphs? So that people dont give up
      Sorry about that. I just got a bit on one if you know what I mean, and again it's all a bit of a mess like I quoted. I apologise


      • #4
        Who is the executor named in the will?


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