Concerned about Probate - Help

Concerned_About_Probate

Hello,

I'm wondering if anyone can help

My father passed away last month, leaving a will naming his 3 children as executors and also sole beneficiaries of the estate, everything to be divided 3 ways.

Now all seems pretty straight forward, doesn’t it! J

Well, my brother, who shares the same name as my father had cleared his property of all papers financial, personal and otherwise before myself and my sibling could get to the property.

Now we know, there is a fair amount of shares, but we do not know what else our father had, and are concerned that assets belonging to A Smith Senior have now changed hands to A Smith Junior (I hope financial institutions would check the person for money laundering and find A Smith Senior to be deceased).

My brother also appears to have been gifted at some point a car, which I believe my father had loaned to him, however, it is claimed that this has now been paid for.

My lovely brother, won’t allow us to instruct a solicitor and seems happy to plod on with the probate himself, which is raising alarms.

How would I go about finding what bank accounts, shares, etc my father held at the time of death?

It’s all such a mess L

Thanks in advance, this isn’t my 1st post, I’ve reregistered as my normal username is my real name J

Thanks

x

Mips

Sorry for your loss

And there is nothing better for bringing out family values than probate :rolleyes:

Why don't the two of you insist that it should be done by someone externally? Or instruct a Solicitor?

whatatwit

Please seek legal advice, I'm sure I've read on here that if executors have been named, then they either have to agree to things at probate, or put it in writing that they are happy for one of the others to do it.

Unless things like shares etc are actually in the name of A Smith Snr, then any old A Smith would be able to get their hands on them.

Sorry I can't be of any more help.
My only other thought would be to maybe write to every bank/building society you can think of advising them of your late father's details including date of birth and advising them of his death and ask that any accounts be frozen until you obtain probate and enough info to access them correctly. Whether or not the banks would do anything I'm not sure.

Did he have any premium bonds as another thought.

Concerned_About_Probate

I'm not sure what he had as we've not been allowed to see any of the papers! He could of had thousands stashed in a box under the bed for all we know!

I posted this thread so that I could show the other executor and hopefully they will agree that we need to spend some money on a solicitor to protect our position.

floss2

The person who applies for Probate hs the resopnsibility of sharing any inheritance & declaring the tax on the estate to HMRC.

Maybe you could call your nearest Probate Office & check if they have had an application, and if so, you may need to contest any application.

http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm

FairyElephant_2

Yes, yes, yes! Take legal advice ASAP - even if it is just the 30 mins free which most solicitors will give you in the hope of getting your business....

Also contact by telephone, then follow up in writing, any and all financial institutions which you believe your father may have had interest in/money with.

Re the car - it's probably worth contacting the DVLA to see if the registered owner has been changed recently...

So sorry that you have to go through this in addition to your grief at this time....sometimes families just suck don't they?

Good luck - hope it gets sorted soon.

FE

*Louise*

Good grief - nothing like a loss in the family to bring out the true colours in people.

OP - sorry to hear your brother is being such a vulture, some people can be so greedy.:mad: I certainly wouldn't trust him to share everything out.

It's the last thing you need to worry about after your loss - but I definitely think you should get a solicitor involved, the sooner the better.

devonbulldog_2

Sorry to hear of your loss Concerned About Probate. My Mother has just had a similar thing happen, a half brother had tried to keep info regarding my Mums late sisters estate, she phoned the probate office and voiced her concerns and they were very helpful saying that they would make a note in case anybody else applied for probate other than herself (she was nominated by all other brothers and sisters) definately worth a call.

ka7e

What a horrible situation to be in! I'm not sure that a solicitor would be able to help if your brother is wilfully withholding information. The Probate office will rely on the executors to provide them with details of all financial holdings. If your brother is concealing accounts he is committing fraud.

If your brother has emptied accounts and destroyed the passbooks or cashed in shares and put the proceeds into his own account, (unless the amounts were large enough to trigger money-laundering safeguards) no-one would be any the wiser. To a building society/bank it just looks like a transfer of funds by the original account holder.

You could write to every financial establishment you think your late father may have dealt with and ask for details of any accounts he held with them. You can ask for details of recently closed accounts and recent transactions, too. They will release details after sight of a death certificate, usually at a local branch, if necessary.

Benny24

Just a thought, but you seem to be talking about "concerns" in your post.
Have you actually sat down and spoken about it to him? Asked him what he is doing, and asked to see the paperwork? Do you have any evidence of what you believe he is doing? Just playing devils advocate here!!

Remind him you are named as an executor in the will and as such you take the responsibility seriously and intend to be involved. I would also mention the perils of tax etc, and if we get it wrong it could pose serious problems!!
Also GO AND SEE A SOLICITOR!!!

clairehi

Your brother will not be able to "get probate" ie official access to your Dad's finances, without the co-operation (signatures) of the other executors. The Probate Office website explains how it works. Phone them up to check how you can protect your position.

A solicitor may be able to advise, but I am not sure what they could do to determine whether your brother is concealing anything. Regarding the car, has your brother got a receipt to show he paid your dad for it or other proof of purchase eg a cheque paid into your Dads account from him?