X died intestate with two people (Y and Z) entitled to the estate. Y appointed an attorney (A), who is a partner of my firm, to take out a grant on their behalf and Z was given notice of this. A limited grant was issued in the name of A for Y’s " use and benefit limited until further representation be granted".
It has now come to light that the estate may be partially insolvent. Y has said that they want no more involvement as they think the creditors (main creditor being the mortgage company) should take over the administration. A is concerned Y will revoke the power of attorney.
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If Y revokes the power, what are A’s obligations, responsibilities to creditors etc and has Y and/or A intermeddled with the estate?
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Is there a risk A will be responsible for settling any debts etc personally?
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Will the limited grant issued in A’s name be valid until another Grant is issued, even if Y revokes the power?
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If Z nor Y take out a grant themselves, can they leave it for the creditors to apply for a new Grant. If so, would the creditor also have to apply to remove Y because a Grant has been issued for their benefit?
It may also be better for our firm to also stop acting for the estate so any advice to A would be appreciated.
Thanks