Where does the money get paid?

[MakingTheMostOfThings]

I'm deliberately going to be a bit vague as the situation (in full) is very outing.

Someone (who we will call "Anthony") has been found guilty in Crown Court of fraud and money laundering. This was against a member of their family (who we will call "Edward"). "Edward" passed away between the conviction and sentencing (although was never aware of the crime due to mental incapacity). "Anthony" is currently serving a prison sentence

At a subsequent (confiscation order) hearing in Crown Court the Judge ordered "Anthony" to repay a certain amount back to "Edward's" estate. The problem is that when "Edward" died, I advised his bank and they subsequently froze/suspended his account. I know this to be true as a 3rd party (completely unrelated to this situation) tried to pay money in electronically and the payment was rejected. I have also been advised of this by the bank. "Edward" does have money in his bank account which we are also having trouble releasing but that's a story for another day

That's the very brief background. My question is where would the money due to "Edward" be paid to? I've asked the Police - they don't know. I've spoken to someone at the Crown Court - they don't know. The Bank can't just unfreeze "Edward's" account as they don't know when "Anthony" will be paying the money. We have engaged a Solicitor but he doesn't know how to find out either!

Who is executor of Edward's estate?

They need to open an executor account and the money will be paid in to that. It's a very normal procedure, and I think all the high street banks offer it. The executor can get what is in the "frozen" bank accounts of the deceased paid in to that too, and pretty much anything else that is due to be paid to the estate

I don't understand why they can't pay it to the Executor directly on production of a copy of the grant of probate. That's what happened when I handled my mother's estate.

When my dad died his accounts were frozen and as executors my sister and I opened an Executor Account and all money was transferred into that along with any payments due to him.

Executors account.

My advice - engage a better solicitor! Yours should know!

One of the Executors is Anthony!! But he is refusing to hand over the Will (solicitor has written to him but he hasn't replied - no change of address as he is still in prison!). We are probably correct in thinking that "James" (Anthony's brother) is the other Executor. Probate has not been applied for. A caveat has been lodged at the Probate Office (to not allow Anthony to apply for probate). We also will have to apply for Anthony to not be allowed to be an Executor given his convictions

As it isn't possible to open an Executor account, can anyone offer me any further advice please

I would think until you get Anthony removed as Executor there may not be a lot you can do.

My question really is where will Edward's money be paid to (as ordered by the Crown Court Judge)? Anthony was given 3 months to repay the money or he would face a further jail sentence. The Court hearing was in September. So he has to repay the money in December. I know he's in prison but his wife ("Lisa") who was also convicted but who received a suspended sentence, is not in prison (they were both held responsible for the repayment)

Either the other executor needs to apply for probate and open an executors account and the money gets paid there or he needs to renounce the probate and you apply to the Court to have Anthony removed as well (this is not a straight forward process so a solicitor who specialises in this field should be used) and then another family member can apply for Letters of Administration (if you are in the uk) and open an account to administer the estate through.