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Sibling is ignoring probate case manager

6 replies

StokesBat · 04/04/2024 22:10

Hoping someone with some experience or knowledge can help.

My mother sadly passed away and left a house as an asset. There are 3 of us siblings, and 1 sibling gifted their share to me. I am offering to buy out remaining sibling, who also controlled my mother’s bank account and withheld how much was in there. They closed the bank account without notifying anyone, even though I was acting as executor. We are currently trying to find out the amount as they are no contact and not cooperating.

there are charges on the property and interest rate is racking up which I will have to pay off with remortgage, but this sibling is ignoring all correspondence from the probate solicitor about my offer.

how long can they go on ignoring? Is there a point where I can just say “f it” and force a payment to them whether they like it or not? I know they are just being difficult on purpose.

i have grant of probate and I’m executor.

OP posts:
CloudPop · 04/04/2024 22:13

What a difficult situation. The bank shouldn't have closed down on sibling say so - although I guess sibling was logging in on your mother's account as her? Can you talk to the bank ? Nightmare. You have my sympathy and sorry I'm not more help. I'd say the bank is your first call though

StokesBat · 04/04/2024 22:24

Thanks for your message. Yes, probate solicitor is chasing bank. It is a complete nightmare. They had control of online banking, everything.

this has been going for a very long time now. Sibling doesn’t interact with myself or other sibling, and is now ignoring the solicitor about my offer to buy them out, when interest is racking up on charges on the property. The debt is all on my head. I just want to know if there’s a point I can just force a payment to them and get them out of my life forever.

they cut myself and other sibling out of mother’s life when she had dementia and lost all her faculties and wouldn’t let us visit her. This can never be forgiven. It feels like they’re still twisting this knife in me.

OP posts:
whatsappdoc · 05/04/2024 09:54

Re the bank account, I think I would make an appointment with the bank to talk over your concerns. Take the will where you are specified as the executor . Do you have an executor's bank account? The bank should be able to tell you the balance at the time your mother's account was closed. Hopefully it was just in her name. What a nightmare with the house. If there is a charge on it is there a time limit where a sale can be forced?

anyolddinosaur · 05/04/2024 10:33

You cannot force a payment to your sibling unless you put the house on the open market and yours is the highest offer. Your duty as executor is to get the highest possible value for the property and pay your sibling their third. They can sue you if you dont do this.

Another2Cats · 05/04/2024 11:07

I presume that there is a will and your sister is not an executor?

Oops, missed your final sentence!

"i have grant of probate and I’m executor."

If your sister closed the account or took any money out of it after your mother passed away then what your sister has done is illegal, as simple as that. Even if she had power of attorney for your mum before she died, that power comes to an end on the day your mum died.

I'm sure that you don't want to involve the police (although, I don't know your family dynamics) but, from the information you have given, it appears that your sister has stolen the money.

Does your sister have a copy of the death certificate? If so then she may have gone to the bank and simply said, here's the Death Certificate, here's proof that I'm the daughter, now give me the money.

And typically, for most banks in the UK, they will close the account and give your sister the money, unless there's a lot in the account. For example, with Barclays or Lloyds, if you have more than £50k in the account then you will need probate to get the money but not if you have less than £50k.

Alternatively, your sister may simply have transferred your mum's money to her own account and then shut your mum's account.

Either way, if there is a will and she is not an executor then she has simply stolen the money.

As another poster said, I would go along with the death certificate, will and proof of your ID to the bank. I suggest that you inform them that you believe the money was taken fraudulently. They have a team that deals with fraud and theft etc. You will need to find out the balance in the account on the day your mum died.

From there I guess you have two options.

  1. Go to the police. Rather extreme, but I don't what sort of relationship (if any) you have with your sister
  2. Once you find out the balance of the account on the day mum died then treat it as an asset of the estate (which it is) that your sister has already received.

In the case of (2) it's probably best explained with an example.

Let's say the house is worth £300k and there was £30k in the bank account. So the total estate is worth £330k. Split this three ways between the siblings (or whatever it is your will says) means that each sibling gets £110k.

How you split that out is up to you as the executor. In this scenario, if your sister has taken the £30k in the bank account then she is only entitled to another £80k from the house.

In turn, you and your other sibling would be entitled to £110k each from the house.

But you really do need to approach the bank, tell them about the fraud and get the balance on the day that your mum died.

Is there a point where I can just say “f it” and force a payment to them whether they like it or not?

No, you can't just say to another person, here's £80k now get out of the house. But what you can do is to get a court order to sell the property, speak to your solicitor about this.

LadyLapsang · 05/04/2024 16:21

You appear to be saying you have probate but that probate was obtained without declaring her savings / money in the bank. Does that not mean you still owe tax?

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