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Joint executor with brother - its never going to work - Options?

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  • #16
    Was the will made relatively recently? It is usual for the address of each executor at the date the will is made to be stated in the will. That might be a start.

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    • #17
      Originally posted by Tofros View Post
      Was the will made relatively recently? It is usual for the address of each executor at the date the will is made to be stated in the will. That might be a start.
      Sadly 1988

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      • #18
        Worth trying a text or WhatsApp that says I need your postal address to be able to fill in forms for probate and see what he does.

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        • #19
          The net estate sounds quite small - about 35k?? If there is a significant delay there’s a risk that it will be eaten up between funeral costs, fees /rent payable to HA selling costs and utility costs. You should work out if the estate is and will remain solvent before applying as executor. Can you find out what would happen if no one gets probate and home can’t be sold as no executors? Would HA repossess it and sell it themselves? Creditors can apply for a grant of representation to administer estates in certain circumstances.

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          • #20
            If he's motivated mainly by getting whatever money he thinks he deserves an email saying that to get the money you have to tell them his address to send him a document might get him to disclose it.

            I assume there are no other family members who know it.

            Ultimately you could employ a tracing agent to find him but that is going to cost you money.
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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            • #21
              As expected he has lost interest completely. Had a call from funeral directors (if you remember he took over funeral plans) - apparently he'd promised to call them and decide what to do with the ashes. They've left 5 messages no reply. So I've had to sort out (and pay for) the internment of the ashes.

              Checked and hes not called the solicitor I asked him to weeks ago. Fully expected the coin to have dropped by now and realise he's getting no money magically. Especially since he paid for the wake,

              Anyway, as above, what is a reasonable amount of time before its acceptable to action this?

              Should I really be getting my own solicitor here to look after my interests?

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              • #22
                Originally posted by paulfoel View Post

                ok many thanks - thats an option if I can get his address. Knowing my brother hes not on the electoral register at all.
                I have his address now..... Got it from family member

                I guess I have to give him the option to reply to any letter I send but I do not want him to know my home address. Is it acceptable to give him just email and/or phone number?

                He's been very threatening in the past and he does not know my current address - its 10 mins from him. I'd rather not have him turning up on my doorstep for obvious reasons.

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                • #23
                  Originally posted by paulfoel View Post

                  No not at all . 50/50.... I agree with you. I'm happy to do this.....

                  Sadly its gone past that with threats etc (which is another matter)
                  Last time I saw solicitor they would not physically give me the will because I was a joint executor not sole one.

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                  • #24
                    Yes, give an email address if that is what you want.

                    Don't give a phone number. You don't want phone calls. They can get out of hand, and there will be no 'paper' trail.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Guides and handbooks for Litigants in Person - :

                    https://legalbeagles.info/forums/for...60#post1701560

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                    • #25
                      Originally posted by paulfoel View Post

                      Last time I saw solicitor they would not physically give me the will because I was a joint executor not sole one.
                      OK as long as thats legally allowed then email it is

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                      • #26
                        I am not aware of any law against giving your own email address
                        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                        Guides and handbooks for Litigants in Person - :

                        https://legalbeagles.info/forums/for...60#post1701560

                        Comment

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