4 Comments Wills, probate, letters of administration, powers of attorney
I thought that the executor role can only take place once probate has been granted since the executor is named on the will. To put it bluntly it sounds like they are pinching stuff while they can. They may be claiming it under their future executor role but they are not actually executor yet. If they don't claim what they've taken now when the execute the will, they have essentially stolen from the estate.
It sound like he died intestate. Therefore somebody needs to apply for letters of administration. This could be anybody such as the person named in the invalid will or your mother or you. The estate would be distributed by the law in the state that he died( Google intestate and your state).
I wouldnâ€™t sweat the small stuff but tell them to return the car as the will was invalid.
If they donâ€™t they donâ€™t they could be charged with theft now they have been advised that the "executor" had no right to act.
You need to find out if the house was owned as tenants in common or joint tenants.
Thankyou for your replies..I have just found out they sold the car..and apparently the moneys gone into an account..I dont know how much for or anything...the house was owned as tennants in common...so is there anyway my mum can stay living in the house as shes elderly and doesnt want to move..she also doesnt want to go to court...and we no longer have a lawyer..