QUESTION: Dear Legal Wiz,
I asked for advice a couple of years ago which I greatly appreciated. I have another question and need your assistance again. I live in England.
My father passed away in 2012 leaving a will naming my siblings and me as benefactors. My mother passed in 2013. My brother is the executor of my father’s will. The will still needs to go to probate. My brother has done nothing and the house and land in Jamaica is going to rack and ruin. I have tried on numerous occasions to get my brothers to do something but because of in fighting and their selfishness have done nothing. I am concerned that the land will be taken over by squatters. I have paid land tax over the last 4 years without any contributions from my brothers. I feel it is unfair that I am the only one who is worried about this as it is a shame that it has come to this. The land and the house were my parents pride and joy and we have all spend time staying at the house. I don’t know how to proceed with things as I want the probate done so that if they are not interested in fixing up the house then sell it on, I don’t really want it sold as I have so much fond memories. I am willing to pay for work to be done to the property, but feel that I should not have to pay for all as there are 5 of us. What can I do?
RESPONSE: Dear Pamela
Considering applying for letters of administration is an option. A copy of the Will can then be attached to the application package. Before doing the application, you should check to make sure there is no application for probate. Please also ensure that if you are not on the island, you rely on the assistance of an agent or an attorney whom you can trust to act properly on your behalf.