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seeking good litigation lawyer

  1. #1

    Join Date
    Nov 2018
    Posts
    10

    Post seeking good litigation lawyer

    Hello treaders

    My mother died 13 years. Due to many complications finally her will was probated in 2016. She had named both my sister and me as executrix, but my sister refused to appear before court to act as executrix and do her duty. Meanwhile shortly after mother's death, my so call sister has occupied all her properties with tenants and have been collecting all profits and benefits (HK$ 60,000 / month) of the estate. Because of her refusal to appear in court. The court has granted me sole executrix since 2015. And I have not been able carried out my duties as executrix to the beneficiaries. There are 2 beneficiaries in my mother's will one being my nephew, (my sister's son) and the other is my son.

    I have spent over HK$ a million fighting this case. Does anyone know do I have a case or is it too late to fight for the return of the benefits and profits to the estate? Better yet, does anyone know of a understanding & caring lawyer that is capable of handling the case.

    Thanks


  2. #2

    Join Date
    Jan 2008
    Posts
    10,645
    Quote Originally Posted by 16pnon
    Hello treaders

    My mother died 13 years. Due to many complications finally her will was probated in 2016. She had named both my sister and me as executrix, but my sister refused to appear before court to act as executrix and do her duty. Meanwhile shortly after mother's death, my so call sister has occupied all her properties with tenants and have been collecting all profits and benefits (HK$ 60,000 / month) of the estate. Because of her refusal to appear in court. The court has granted me sole executrix since 2015. And I have not been able carried out my duties as executrix to the beneficiaries. There are 2 beneficiaries in my mother's will one being my nephew, (my sister's son) and the other is my son.

    I have spent over HK$ a million fighting this case. Does anyone know do I have a case or is it too late to fight for the return of the benefits and profits to the estate? Better yet, does anyone know of a understanding & caring lawyer that is capable of handling the case.

    Thanks
    repost from last time

    Mr Kin Leung is the solictor which literally everyone in sha tau kok, sheung shui and fanling seeks for legal advice and legal process for building a house, he can also arrange inital process of chartered surveying with the designated surveyor and guide you and your partner through the legal process, speaks cantonese and some hakka, but can speak ok-ish english, he also does probate for overseas chinese / and local chinese who parents who have passed away and have property under their name, best to stick proven professionals who know about rural hk life and the laws that govern it

    BTW, seems like you have a legal case against your sibling/relative and you want to start a finanical/investment partnership involving your ding rights and someone elses money, that's asking for trouble (that's my opinion)
    shri likes this.

  3. #3

    Join Date
    Oct 2012
    Posts
    3,675
    Quote Originally Posted by imparanoic
    he also does probate for overseas chinese / and local chinese who parents who have passed away and have property under their name, best to stick proven professionals who know about rural hk life and the "laws" that govern it

    BTW, seems like you have a legal case against your sibling/relative and you want to start a finanical/investment partnership involving your ding rights and someone elses money, that's asking for trouble (that's my opinion)
    Fixed that for you...

    I find it odd that people in this situation find their way here. It's so bizarre to me to think about how people can be rather distantly related and involved in property here (and potentially benefiting from it) -- though just basing that on imparanoic's post.

    Sorry, no helpful advice for the OP, but thankfully we've got the likes of imparanoic.
    imparanoic likes this.

  4. #4

    Join Date
    Dec 2013
    Location
    Hong Kong
    Posts
    8,660

    Well if my sister was illegally occupying property she did not own I would just report her to the police for trespassing. Have you tried that?

    TigerSun likes this.

  5. #5

    Join Date
    May 2006
    Location
    Pampanga, Philippines
    Posts
    17,530
    Quote Originally Posted by HK_Katherine
    Well if my sister was illegally occupying property she did not own I would just report her to the police for trespassing. Have you tried that?
    And cut off the utilities in the meantime

  6. #6

    Join Date
    Jan 2018
    Posts
    566

    Um, the sister is not illegally occupying properties, tenants are. The properties are likely still in the (deceased) mother's name and utilities are in the tenants' names. So can't throw the sister out or cut off utilities.

    Any good estate attorney should be able to handle this and definitely the rents collected are owed to the estate, not the sister. The estate attorney would get an accounting of the monies collected since your mother's death.

    If you have been appointed executrix, why can't you transfer the properties to the beneficiaries? Would seem like a simple matter or easy for an attorney to help with the deeds, etc. Not sure why a million has been spent on this, someone is giving you bad advice. I don't know any estate attorneys that I could recommend, sorry about that.

    Good luck...


  7. #7

    Join Date
    Jan 2006
    Location
    Hong Kong
    Posts
    7,105

    I don't understand how you have allowed your sister to usurp the law.

    The banks should only allow access to accounts to an executor.
    Has the will been probated?