How can I be sure my sister is carrying out my late mother's wishes?

MY mother recently died.

Loading Comments
Share
Print

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.

Finance

Commenting & Moderation

We moderate all comments on Evening Times on either a pre-moderated or post-moderated basis. If you're a relatively new user then your comments will be reviewed before publication and if we know you well and trust you then your comments will be subject to moderation only if other users or the moderators believe you've broken the rules

Moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours. Please be patient if your posts are not approved instantly.

155226

Have you got a story?

Contact the news desk on 0141 302 6520 or email news@eveningtimes.co.uk
Games news:

Putting the world to rights

Gail's Gab

The sight of wee dolphins choking to death on discarded supermarket bags helped me change me use reusable shoppers

Times Out

Entertainment

Lifestyle

TV Advert
Cat’s Eyes on Glasgow

Cat’s Eyes on Glasgow

Cat Cubie’s job is to find and share with you the fabulous things the city has to offer, from gigs to gastro.

Janice Bell

Janice Bell

You Couldn't Make This Up

The secret world of the wheelie bin.

Michelle McManus

Michelle McManus

Columnist Michelle McManus is Sussed in the City, and loves to chat about anything and everything.