Probate Power Of Attorney problems

[paddyhaig]

My mother passed away a year after my father passed. My father leaving my mother holdings and cash to the value of about £400,000.00. I was at the time resident and working in the USA. My younger brother who lives close to my parents jumped in and took over.
No Last will and testament, was seemingly found. (I have put out a search) although I was aware that my mother at one time did have a Last will and testament. My brother hired a lawyer to assist with the estate. He also refused to communicate with me over the phone.
His lawyer contacted me and wanted a copy of my UK passport and other details of ID and place of residence. A number of my documents including my UK passport were out of date, or the address was wrong as I had just moved as part of my job. My brother started to hastily sell off chattels and simply furnish receipts to his lawyer and send me email copies of these sales. I was quite angry at these hasty sales, and his pocketing of the proceeds against my wishes.

I hired from the US a UK lawyer that was willing to act as my POA using the credentials I had at the time (That my brothers lawyer was unwilling to accept). Unfortunately he turned out to be rubbish, however he did sign the 'Grant of administration' as my POA. I had to let him go as he was costing me a lot and doing very little. Seemingly milking matters. I even had a Legal Ombudsman judgement against him. I hired another solicitor, similar problem, as my brother was being very evasive and giving the second solicitor the run around. This run around routine was costing me a lot, in endless back and forth email dialogs with my solicitor, who was either not smart enough to entrap my brother with some clever questioning in her email correspondence with him, or was simply playing dumb, as it made her more money.

In the end I figured I would have to come back to the UK and try and handle things myself. I fired the second solicitor as she was simply doing nothing more than I could do. With no real game plan. So I am now here in the UK.
The solicitor my brother had earlier hired to manage the estate, had a 'Grant of administration' drawn up in both my brother and my POA's names (My POA acting on behalf of my name, printed on the 'Grant of administration'). This it turned out, was reason enough for the lawyer hired by my brother to manage the estate, to not communicate with me (Stating a conflict of Interest) Even though she was clearly made aware that I had fired the POA lawyer. It's been going on three years now. I am trying to have my former POA's name removed from the 'Grant of administration'. However I am struggling to find out how this might be done. My brother is now pushing for the position of Executor of the Estate on the grounds that I have held matters up. I am totally stuck. Can anyone make any clever suggestions?

[enaid]

Re: Probate Power Of Attorney problems

Hi and welcome I will ask [MENTION=85500]Peridot[/MENTION] to take a look but it may not be till Monday

[paddyhaig]

Re: Probate Power Of Attorney problems

That would be greatly appreciated.

[des8]

Re: Probate Power Of Attorney problems

Hi Paddy
Not having heard from you for over a year(?) I thought your problems must have been solved.
Anyway if anyone can help it will be [MENTION=85500]Peridot[/MENTION]

[paddyhaig]

Re: Probate Power Of Attorney problems

Thank you des8. Yep, this same dead weight is still dragging on into it's third year now. Only i'm now effectively £15,000.00+ more out of pocket. I could certainly do, with someone I can trust. :-(

[paddyhaig]

Re: Probate Power Of Attorney problems

My mother passed away a year after my father passed. My father leaving my mother holdings and cash to the value of about £400,000.00. I was at the time resident and working in the USA. My younger brother who lives close to my parents jumped in and took over.
No Last will and testament, was seemingly found. (I have put out a search) although I was aware that my mother at one time did have a Last will and testament. My brother hired a lawyer to assist with the estate. He also refused to communicate with me over the phone.
His lawyer contacted me and wanted a copy of my UK passport and other details of ID and place of residence. A number of my documents including my UK passport were out of date, or the address was wrong as I had just moved as part of my job. My brother started to hastily sell off chattels and simply furnish receipts to his lawyer and send me email copies of these sales. I was quite angry at these hasty sales, and his pocketing of the proceeds against my wishes.

I hired from the US a UK lawyer that was willing to act as my POA using the credentials I had at the time (That my brothers lawyer was unwilling to accept). Unfortunately he turned out to be rubbish, however he did sign the 'Grant of administration' as my POA. I had to let him go as he was costing me a lot and doing very little. Seemingly milking matters. I even had a Legal Ombudsman judgement against him. I hired another solicitor, similar problem, as my brother was being very evasive and giving the second solicitor the run around. This run around routine was costing me a lot, in endless back and forth email dialogs with my solicitor, who was either not smart enough to entrap my brother with some clever questioning in her email correspondence with him, or was simply playing dumb, as it made her more money.

In the end I figured I would have to come back to the UK and try and handle things myself. I fired the second solicitor as she was simply doing nothing more than I could do. With no real game plan. So I am now here in the UK.
The solicitor my brother had earlier hired to manage the estate, had a 'Grant of administration' drawn up in both my brother and my POA's names (My POA acting on behalf of my name, printed on the 'Grant of administration'). This it turned out, was reason enough for the lawyer hired by my brother to manage the estate, to not communicate with me (Stating a conflict of Interest) Even though she was clearly made aware that I had fired the POA lawyer. It's been going on three years now. I am trying to have my former POA's name removed from the 'Grant of administration'. However I am struggling to find out how this might be done. My brother is now pushing for the position of Executor of the Estate on the grounds that I have held matters up. I am totally stuck. Can anyone make any clever suggestions?

This is what is wrote on the copy of the Grant of Probate I have.
If it serves as assistance.

COPIES OF THIS GRANT ARE NOT VALID UNLESS
THEY BEAR THE IMPRESSED SEAL OF THE COURT
IN THE HIGH COURT OF JUSTICE
The District Probate Registry at 'My City'

BE IT KNOWN that 'My Mothers name'
of 'My Mothers address'
died on 'Date of passing'
domiciled in England and Wales INTESTATE
AND BE IT FURTHER KNOWN that Administration of all the estate which by law devolves to and vests in the
personal representative of the said deceased was granted by the High Court of Justice on this date to
'My brothers name and address'
'My former solicitor and POA's Name and address'
for the use and benefit of 'My name' limited until further representation be granted

[des8]

Re: Probate Power Of Attorney problems

Whilst awaiting [MENTION=85500]Peridot[/MENTION], I've been looking around (call it self education!), and I think you have to apply to have your solicitor removed as PR and substitute yourself.

The procedure is set out in CPR 57.13 and PD57 para 12-14 applies https://www.justice.gov.uk/courts/pr...part57#IDAJPG2 & https://www.justice.gov.uk/courts/pr...rt57/pd_part57

Claims for the removal of a PR must be made in the High Court and are assigned to the Chancery Division under the Administration of Justice Act 1985 Sec 50 http://www.legislation.gov.uk/ukpga/1985/61/section/50

I'm almost hoping I've got it wrong, but wait and see what Peridot has to say.

[paddyhaig]

Re: Probate Power Of Attorney problems

Sorry if my original question might be a little difficult to understand. Here's a little more background.<br>I hired a solicitor in the UK that suggested he become my 'Power Of Attorney', on my 'Grant of Administration' in lieu of myself, and to sign off on the sale of the estate properties. One of those properties being a flat my brother has and is living in. My brother wants to purchase his flat. Many of the estate items were sold off quite hastily at a local house clearance auction, when they could of gone to a local firm that sells items through EBay on the Internet as I had suggested to him, hence they didn't meet their best value. My brother it seems rather sneakily keeping the fact that the proceeds from these hasty sales were going straight into his personal bank account , as I had been led to believe that the monies were being given in to the law firm. All this being long before any 'Grant of Administration' had been issued. I thought the law firm and my lawyer would keep a check on my brother. The are several items of significant worth that he is denying any real knowledge of, or being quite evasive about when queried. All this dialog via lawyers costing me significant amounts of money up-front. He has a long history of psychological issues including being a long term registered heroin addict. Everything he says and does has to seemingly be triple checked at great expense. Now I've had to make arrangements so I could drop my obligations in the USA, and come back over to the UK, to try and manage matters myself as I couldn't seemingly find any decent legal help in the UK to assist me. My brother was simply being evasive with the lawyers I hired, and it was costing me an arm and leg in protracted dialogs. However my problem is that now my former lawyers name is on my 'Grant of Administration' and the lawyers that my brother hired are refusing to communicate with me on the grounds of a 'Conflict of Interest'. My brother is now pushing to take over all matters on the grounds that I have held up the estate. What can I do? I will also mention that the building his flat is in, has become quite run down, this diminishing of the value of the property he wishes to buy. He's going to get the property at a reduced rate due to this fact. Part of his former rent was paid into a property association for maintenance, however nothing has been paid in for the last three years, as he hasn't paid any rent, despite the fact that the Welfare State housing office have still been depositing rent assistance into his bank account. He has worked maybe 5 years in the last 35, and mooched off the State and our parents pretty much all his life and now he's conning as much of our parents estate as he can he get away with. The seems to be little in the way of accountability? Again, what can I do?

[paddyhaig]

Re: Probate Power Of Attorney problems

It was suggested to me by personnel at the local Probate office that I go to the solicitors office that was holding the original 'Grant of Probate' and ask them could I take possession of it in order to have it changed and my POA name removed. If they wouldn't hand it over to record their reason for not doing so. I did as instructed. As usual when I arrived at the solicitor hired by my brother to manage the estates office. I was told she couldn't see me. The receptionist also informed me that they were going to submit the 'Grant of Administration' them selves, the following week to have my brother made Executor. This I balked at, and the secretary apologized and said, maybe she'd got it wrong. She did request a copy of my UK ID, which I gave her. I left the office and headed to the Probate office only to find they had somewhat changed their tune. And suggested I fill out a number of forms. I.E. A PA1 (The PA1, they had at the Probate office) and a CAP-A5C form, I have to phone 0300 123 1072 and request be mailed to me.
This could take weeks. In the mean time my brother and the solicitor he hired, to manage the estate I'm guessing are pushing to have myself removed and my brother made sole executor.

[des8]

Re: Probate Power Of Attorney problems

The terminology is a little strange!
Your mother died intestate, so there is and can be no executor!

At present there are two Personal Representatives, who administer the estate:
1) your brother
2) your solicitor (whom you fired!)The

You stated:
"receptionist also informed me that they were going to submit the 'Grant of Administration' them selves, the following week to have my brother made Executor. "
Did she mean that your brother's solicitor was going to submit a second application for a grant of administration to make him sole representative?
I'm not sure what they intend, but it may be possible for you to stop it by issuing a caveat.
These are normally put in place before a grant of representation is made, and as there is already a grant in place I don't see how a caveat could be lodged.
However as matters are so confused it might be worthwjile trying. https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation

[paddyhaig]

Re: Probate Power Of Attorney problems

I was quite confused myself when the young personal assistant of the estate lawyer, announced that they were seemingly going to submit the Grant of Administration to be changed to Executor status for my brother the following week. This being the document I was requesting. However after my obvious look of shock, she after some query addmited to apparently not being altogether sure what was being done with the document however her employer who seemed to have time to communicate with her. Had no time for me, despite my name actually being on rhe document. I would attempt to put a hold on proceedings if I had half a clue as to how to go about it. And some kind of game plan. It's not that I want all the estate, I just want transparency and accountability from my brother and to stop being fleeced by everyone we deal with.

[paddyhaig]

Re: Probate Power Of Attorney problems

Thank you, I've looked at the link you shared 'des8' and might seriously consider submitting a 'Caveat' in order to put matters on hold until my former POA is truly removed from the equation, and matters of progressing the estate with absolute acountability can be addressed. If it is still possible? I need my brother to be more transparent and accomodating when I ask for specific proof of varying factors. Not as he has been doing presenting evidence strictly in a manner of his chosing only. I ask for one thing, and he finds some alternative method of validation from what I have requested. Always ducking and diving.

[des8]

Re: Probate Power Of Attorney problems

It might be possible to have the court orderhe produce an accounting of the estate.

I'm out soon and won't be back till early evening but hopefully [MENTION=85500]Peridot[/MENTION] will be back on today and be able give you more authoritative advice.

[paddyhaig]

Re: Probate Power Of Attorney problems

I'm wondering if I should suggest my brother become the sole administrator of the estate. As he has railroaded matters pretty much from the start. I'm not suggesting he become the sole executor, but an administrator? Would he then have to legally account for his division of the estate equally?
'The Court'. Now there's a thing that concerns me. My former solicitors indicated that any court time anywhere in any court would require Barristers that would be almost prohibitively expensive. So holding my brother accountable in a court room scenario or even bringing his credibility into question would be a significanty cost ineffective exercise. I suppose just some form of damage control might be a relief. As I just don't see anything of a happy and mutually
equitable arraingement with my brother ever being arrived at. The estate of my parents, for both sides, might be sadly squandered on legal expenses, trying to find a just and honest division.

[paddyhaig]

Re: Probate Power Of Attorney problems

I have just recieved this in an email from the estate solicitors.

Thank you for your email of the 15th instant. I have forwarded the original Grant of Letters of Administration to the 'Name of city' District Probate Registry and confirmed that Mr 'Brothers name' wishes to remain as personal representative on the grant stamp.