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Legal matters

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Will and estate

6 replies

Sparklepunk · 03/07/2020 10:11

I wonder whether any of you lovely people can help me? Long time lurker, and first time poster.

My parents and brother live in my home town 190 miles away from me in the UK. My parents made a will at a solicitor, but failed to show me the document. Father died late 2018, and my brother handled a lot of the affairs due to Mother’s poor health, and my location. At this point, I learned that I was an executor along with my brother and Mother. I therefore, at my Mother’s request, signed a document to allow my brother to act on my behalf to gather in money owned in various accounts, which the proceeds were all due to my Mum. On each occasion, I visited my Mother, she failed to share the will with me.

Mother died in March this year, due to the lockdown, I was unable to travel to my hometown except for the small scale funeral. I went over last weekend, and have discovered that my brother has contacted all financial institutions for money owed, and requested cheques payable to himself only. I understand I am joint executor and beneficiary to the estate along with my brother. My brother has a long history of being rude and uncooperative with me. His behaviour has escalated, I understand he has not informed my Mothers main bank of her death, and he has access to her on online account And bank card. The house has not been cleared, my brother was uncooperative regarding selling some large sewing machines back to the dealer who would have collected the items, refurbished them and sold them at a low commission rate.

Has anyone any ideas about my rights in this case? I am concerned that my brother could access the money without my knowledge or consent, and we need to put the property up for sale as it is an apartment and there is monthly ground keep which is expensive.

Thank you

OP posts:
Collaborate · 03/07/2020 13:54

Make an appointment to see a solicitor quickly. This is not a time for you to be getting all your advice from a public message board.

HappyHammy · 03/07/2020 14:10

See a solicitor and contact her bank to inform them of her death asap.

serene12 · 03/07/2020 14:23

I can relate so much to your post. My father died in lockdown, my half brother cared for him, he is a co executor with my sister.
Since my father passed away, my half brother has emptied my dad’s accounts, used my dad’s bank card, not shared paperwork with my sister, been evasive and has gone back to his house abroad and not answered important questions.
We are now hoping that a solicitor can sort out this mess
Any communication by text or email has been saved to create a paper trail, for evidence
Maybe, you can close down the bank account
We are now using a solicitor who specialises in contentious probate

Sparklepunk · 03/07/2020 19:06

Thank you for your replies. I have contacted mum’s bank now, and will seek solicitors advice.

OP posts:
serene12 · 04/07/2020 12:04

Glad to hear, that you’re going to get solcitors’s advice and contacted your mum’s bank.
Sadly, this type of situation is all too common and is on the increase
Hopefully, you can update us on how you got on.

Sparklepunk · 05/07/2020 18:31

Thank you Serene, I shall. My friend who has experience of acting as an executor has made me a spreadsheet of tasks to be done, I will share with brother in a hope to receive a rational reply, but fear I will not. There is a note on mum’s account until I can get to her home to get the death certificate to share with the bank.

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