contentious probate advice

[askaq]

Being a recently new member and not greatly familiar as to how the forum works.

I may have posted my initial query in another topic area , that also should be in more than one.
So I would like to just try and ask, incase its possible to obtain some other / further related advice that may help me.

Another legal advisor that we tried to contact by email has told me that I may need advice from two different specilist areas.

one classed as specialist litigation and the other as contentious probate advice.

So I am posting this link to see if anyone maybe able to offer any further advice to do with the contentious probate part.which Would be to do with the issues of a family property between two brothers, where one is the executioner and may have informeda utility company that his younger brother who lives at the property is fully responsible for a utility outstanding debt.where has for some months prior it was classed as between them both. and now the younger brother is being faced with warrent threats from the UT company to break in the property to change the UT meters to prepay ones within the next few weeks.

BUT he believes that if his brother had informed them and they acted on that information wrongly that he believes that he could challenge this to at least to try to make them back off until he has obtained some further advice to his problems.

So this part maybe seen as a Probate issue.

https://legalbeagles.info/forums/for...tility-company

[Sam101]

Suggest not replying to this post as it has come up in UTILITIES several times with different headings and 20 replies have been given, even if they are not what was wanted. Far better for the OP to maintain ONE post and follow it through.

Having said that, the lengthy post seems to be related to an Executors duties. The executor/s of an estate are themselves liable to deal with the estate in its entirety. That includes dealing with all outstanding debts, which seems to be the problem trying to be sorted out.

The Executors are personally responsible for paying debts of the deceased from the estate before distribution, not trying to avoid them. Ultimately the costs involved are only likely to reduce the estate value at the cost of the beneficiaries.

Failure to carry out the duties of the Executor/s in the proper manner could result in the executor paying the costs personally.

[askaq]

Hi Sam,

Thank you for your reply..

I note your comments about my prior reated UT topic thread. But I appreciate amswering also in ref to relation to Probate / executor.

I May have got lucky... As I managed to eventually find and call a Solicitor who Very fortionatly answered the call direct rather than me having to give my details and see if they offered me a call back or later reply.

They were able to offer me some advice in relation to the part of questions to do with the Probate / executor... in ref to issue betweenthe two brothers.

and their opinion was, that IF the person (Younger brother ) living in the property has or is still using the Utilities that the debt should be on him, and NOT the Older brother who is the exector (who lives elsewhere).

and if for some reason , the younger brother still disputed this and it had to go to court... that ideally they would want an agreement between them to sort it out, BUT if they did NOT... then the Courts or Judge could.I think they said remove any executor, and , grant a 3rd Party as an executor to sort the issues out according to the debt or the will. or that was the basis of what they thought.

HOW this may effect the Younger brother, from then on, maybe even in terms of him living at the property , I dont know.

such as could the younger brother be asked by a 3rd party executor to move out of the house or if he could still remain their ..for what ever time or until some sort of arrangements were agreed upon or made.

The older brother had seeked some legal advice and had said he was to believe that if it went to court that he was led to believe that he could probably win the case... (Unless for some valid reason the younger brother could further dispute it)

BUT in ref to a possible 3rd party executor being put in charge..I think That was something that I dont think any of the two concerned were aware of...

So at least that has offered some further guidelines to consider or to now be aware of.

What I dont know is how the younger brothers past problems maybe viewed if they did think he has other valid past issues in which may go in his favor, such as if he had to to court to try to resolve what he thought was some past work related issues as to where he obtained some work related injuries caused by others and lost his employment thru it... Also one adviser had suggested that the Police may have to get involved...
and this has made the issue somewhat very hard to comprehend for him.

Plus also he was later put on benefits as unfit for work thru it, but some time later did NOT want to give full details as to his injuries , when he asked to attend a DWP medical. He also may now have some mental issues and has this can be found to be a very tricky area when to it comes to admitting to such things, not only in how the DWP medical assessors may view it, but also if it was to get put on his record,,and later somehow or
other futures employers were to made aware of it...

The THING is the system has NOW been made like for some peoples situations, where as previously people
could much easier get the benefits that they needed to help recover without having to have such medicals or
inform whoever about ones more indepth health situations.

as until he got proper legal advice on his previous works issues.. HE does not want certain things going on his medical record as he believe that could later end up effecting any future employment and he does not trust the DWPs medical accessors or having to have them his details on their system...

As that could be a complex long case to deal with, that could end up being quite a long terms issue.

Then in ref to the other issue with the Utility company, the Solicitor said she not give best advice in that area as she did not specilise in it. But she thought if the younger brother informed them to try to explain his situation, that MAY consider offering him further time..or at least not take action with the warrent... BUT she was not certain on a worse case situation if they did insist of persuing it.

Suggest not replying to this post as it has come up in UTILITIES several times with different headings and 20 replies have been given, even if they are not what was wanted. Far better for the OP to maintain ONE post and follow it through.

Having said that, the lengthy post seems to be related to an Executors duties. The executor/s of an estate are themselves liable to deal with the estate in its entirety. That includes dealing with all outstanding debts, which seems to be the problem trying to be sorted out.

The Executors are personally responsible for paying debts of the deceased from the estate before distribution, not trying to avoid them. Ultimately the costs involved are only likely to reduce the estate value at the cost of the beneficiaries.

Failure to carry out the duties of the Executor/s in the proper manner could result in the executor paying the costs personally.

[Sam101]

I have said all I can on this subject. It is for you to take advice which you are seeking or not. With two executors, their duty is clear.