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Executor ignoring contact attempts - help please

6 replies

Broodymomma · 15/05/2010 17:54

This is a long winded one - just not sure where to go from here.

My estranged father passed away in November, knowing he had a terminal illness he withdrew most of his cash and gave it away. The majority of his money (approx £60,000) went to the woman he named as executor of will.

Under scots law my half brother and I are entitled to 1/3 of his moveable estate. All that was left was what was paid into his bak account for 2 private pensions and the sale of his car. We are told by his other good friends who assisted in his estate prior to his death that there was atleast £14,000 in the account.

When we received his "administration of accounts" from her we found she had doctored the funeral bill and claimed to have paid it from the money remaining in his bank - the statement showed £11,000 or so pounds and was dated a month after his death when the account was closed.

My father actually put another of his frineds in charge of his funeral and gave her money to pay it all weeks before he died - this I can proove as she has furnished me with all the documents and receipts - all of which went through his lawyer, so were all paid and receipted a 3 weeks before she closed the account. We also believe she has removed money from his account between the date of his death and the statement she sent us. Not only that but she has no idea my dads other friend has given me copies of all the funeral receipts and she has doctored one of them to make it look like its from her.

I sent her a detailed letter thanking her for the cheques she sent us but saying we felt there was errors in the way she had dealt with the estate. To my estimations she ows us still each £1500. Not worth getting a lawyer involved over as it would swallow up what we get should we win.

However the letter i sent 2 weeks ago was today returned unopened saying she had not collected it from post office (sent recorded delivery).

So do we
a. go to police for fraud
b. go to small claims court
c. give up

Am just so angry about it all - my dad walked out on us when i was 3 years old after badly beating both our mothers, he never paid a pennys maintenance and i just feel we are owed now. Our mums deserve it more than a woman he had known 2 years. She also put all of the money he gave her into a safety deposit box as she gets benefits so did not want to declare the money to them.

Really stuck with what to do if she wont take the letters from postman - she is the bloody executor and is stealing from the state - cant believe she can get away with this. Any advice?
Thanks

OP posts:
Broodymomma · 15/05/2010 17:54

sorry just noticed i have repeated myself above!!! So angry today my mind is whizzing!

OP posts:
Broodymomma · 16/05/2010 09:04

just bumoing incase anyone can help

OP posts:
thumbwitch · 16/05/2010 09:09

go to CAB with everything you have just told us and ask them.

Some legal eagle might come on here and be able to help you more but it needs to be a Scottish legal eagle.

If CAB can't help you directly, they might at least be able to point you in the direction of a solicitor who is willing to offer a bit of general advice as to how you proceed without charging you an arm and a leg.

Sounds like a dismal situation, so for you.

Broodymomma · 16/05/2010 18:33

Thanks thumbwith, never even though of the cab - thats what i will do. I went and posted the letter through her door today so i know she has it!! Thanks again

OP posts:
YesMaam · 16/05/2010 19:36

If you don't get a response, write her another letter giving her a few days to respond or say you'll go to the police stating you have documentary proof she has acted fraudulently. They should be interested...but you never know

Jaybird37 · 18/05/2010 10:29

I agree. Get legal advice.

You may have legal expenses insurance on your home, car or credit card policies, so check them, but make sure you are happy with the solicitor they refer you to, as solicitors pay the insurance companies referral fees to be on their panel. Some insurers pick panel members on the basis of who pays the highest fees, not who is the best solicitor.

The police should take the matter up, but that does mean they will pay money over to you, so take advice before taking that step.

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