MY mother recently died.
My sister had power of attorney, and I was not involved in dealing with my mother's finances. I am now neither consulted nor advised on what is happening with the estate - I have not seen a copy of her will. How can I be sure everything is being done properly?
l As a son with legal rights, and as a potential beneficiary from the will, you are entitled to know what is in the estate and how it is to be divided, and to consult a solicitor of your own to ensure the correct outcome takes place, if the executor of the estate (I assume that is your sister) won't co-operate.
The power of attorney ceases on death, but as a beneficiary you are entitled to know if the estate has the correct amount in it. If the attorney will not show you the financial records you should contact the office of the Public Guardian who regulates such matters www.publicguardian-scotland.gov.uk
I LIVE in a second-floor flat in a block. The downstairs owner's TV aerial cable, which ran up the side of the building, came loose in storms and now hits my window whenever it is blowy. It is most annoying. I also fear it might crack the glass. I have written to him twice with no success.
l I wonder if there is a factor who can speak to the neighbour for you. If not, then what has been created is a legal nuisance and, if it came to it, you could take him to court to seek an order from the sheriff that the neighbour fixes the wire, and if he fails to do so, pays you damages so you can get a tradesman to do it. Maybe a lawyer's letter advising him of this will work.
MY wife and I have joint accounts. In the event of either of our deaths, does half the account go into the estate of the deceased to be split between the surviving spouse and children? We have made wills.
l If the accounts really are shared, and not just in joint names for convenience, half is part of each spouse's estate. Children do have legal rights to a third of the estate excluding the house, but if willed a bequest they have to choose between that bequest and their legal entitlement, they can't have both.
I HAVE been issued a speeding ticket, quite correctly, for driving at 40mph in a 30 zone. The description of the offence, however, states that I was doing 40mph in a 70 zone. I spoke to the clerk of the court, who assured me the ticket was valid, and would only be deemed invalid had the court code, amount of fine, or penalty points been incorrect. Is this true?
l The difficulty you have is that if you do not pay the fine, you will be treated as ignoring the ticket and will be charged at court. If that formal court complaint is in correct terms you have no defence and may get a more severe punishment than if you pay the fixed sum. I'd suggest you pay up.