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One of my parents died last year, having no Will, so everything would, and did, go automatically to my other parent. I took responsibility for the remaining parent who has dementia and myself and 2 siblings have POA. I was the Named Person of Responsiblity for Finances, no probate needed. Since then I have sorted out my father's estate and have been handling my mother's financial affairs on her behalf. My mother is now End of Life and has no Will either. When her death occurs - a) do we have to have a solicitor to take the matter up on behalf of myself and my 3 siblings (I think one sibling in particular will insist on a solicitor even though the other 3 of us are willing to sort it ourselves by getting a letter of administration and dividing mother's estate equally between the 4 of us). And b) if a solicitor is involved - do they have the right to ask for all the paperwork and statements from the sorting out of my father's estate last year?
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a) no
b) This depends on the circumstances and what needs to be sorted or tidied up. It is possible that this may become necessary.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
Thank you Atticus. What would be the circumstances that would make it become necessary?Originally posted by atticus View PostComment
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Impossible to say anything other than that these are likely to be circumstances in which there is a problem that needs to be looked into.
The best way of avoiding this will be for all siblings and all others who may be concerned to act like grown ups, to trust each other and to be deserving of that trust. If those circumstances do not exist, then you can all enjoy paying your lawyers!Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Mmmm, it will be interesting to see when the event happens...!! Thank you Atticus.Originally posted by atticus View PostComment
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If there are 4 siblings you have equal standing, and, particularly if one does not consent, you should not sort out her (your sister's) money without her involvement.
If the estate is capable of being sorted straightforwardly, then a solicitor's fees need not be exorbitant.Comment
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