2 years, 5 months ago
Is it possible to become the executor of a deceased person's will and estate when someone else was chosen and named legally by the deceased?
My sister died of clinical negligence and there is a claim on her death stared by my sister for her two surviving children. My mother is now the claimant on behalf of her grandchildren and my sister kids. My cousin, My Mother, My Uncle are named guardians and My cousin's partner was also named guardian but was violent toward the children and has no rights over them now they have split up. My cousin, now single parent to the children, has not fostered or adopted the children for other legal reasons and she is now trying to stop me and my Mother having access to the children. My Sister appointed one of her best friends as the executor of her will and estate. I have just found documents regarding the compensation claim on my sisters death which now comes to £330,000.00 as my Cousin has also made claims to the money as she believes she should be compensated for lack of earnings, child minding costs, legal costs for purchasing bigger house and car and wishes to be compensated until the my sister's youngest child who is now 9 years old gets to the age of 21. I'm confused because my cousin is now named as the executor of my sister's estate and will when I know that another woman was originally named executor who is still in the belief that she still is executor. I really would appreciate advice as soon as possible as my cousin has cleverly caused access problems at this time as it is getting closer to the conclusion to the claim in court and as my father has just died unexpectedly in a similar negligence situation to my sister and I believe this time to be convenient for my cousin to take advantage of the whole situation. My cousin would have gone down the adoption route anyway as she can not carry more children of her own and I believe she is lucky be able to take these children on who are actually related to her in blood and that it is an insult she believes she deserves to benefit a large amount of money from the death of my sister. My mother and I only want an apology for my sisters death and any money to go to the children solely would be a bonus for us, but this is not important to us but clearly is to the woman my niece and nephew have been living with for the past 6 years whom I believe to be just as abusive as her ex partner was to my sister's children. I myself turned down the option to claim money also because I was my sister's carer up until her death. Because I have been a heroin addict for 11 years, I am under fire and accusation from this woman putting my sister's kids through hell and I can honestly say that I am not interested in money as she clearly is.
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