Co executor problem

Yellow-ha · 24 January 2015 at 4:53PM

Hi

I'd be very grateful for any advice info.
I am the joint executor for my mother's will, my dad is the sole beneficiary of the estate (around £400,000)
My brother has taken diy control of the role. I wanted to use a solicitor. To cut long story short within a fortnight of my mothers death my dad has been paying my brother and his family over £3,000 a month, my dad is frail, suffering with Parkinson's, grieving and living alone.
My brother has huge debts (always has) and he has steadily taken as much money from my dad as he can.
It has caused a rift now, my brother refuses to talk to me, and will not communicate re probate. I found out probate has been granted.
My blunt question is. If my brother has access to the estate, can he steal from it?

g6jns_2 · 24 January 2015 at 4:56PM

Yellow-ha wrote: »

Hi

I'd be very grateful for any advice info.
I am the joint executor for my mother's will, my dad is the sole beneficiary of the estate (around £400,000)
My brother has taken diy control of the role. I wanted to use a solicitor. To cut long story short within a fortnight of my mothers death my dad has been paying my brother and his family over £3,000 a month, my dad is frail, suffering with Parkinson's, grieving and living alone.
My brother has huge debts (always has) and he has steadily taken as much money from my dad as he can.
It has caused a rift now, my brother refuses to talk to me, and will not communicate re probate. I found out probate has been granted.
My blunt question is. If my brother has access to the estate, can he steal from it?

Short answer is yes. If you are joint executor how did he obtain probate?

Yellow-ha · 24 January 2015 at 5:12PM

Hi
After several months of no communication, I wasn't even sure if I was a joint executor. My dad was initially the executor and he gave it up to us. But because of rift, my brothers refusal to communicate, he took charge of it. I found out myself I was indeed named as an executor.
When the time came to swear oath, this was the only time my brother communicated with me. After a lot of demanding, arguing etc I finally swore oath after my dad was practically begging me to do so.
This is difficult to encapsulate as it's been over a year. I've asked repeatedly to be taken through probate activity but my brother just refused.
So he is the person who is presently 'in charge' if I want to know anything that happens from here, it's a huge fight just to be vaguely informed. My dad is weak, and unable to exert any authority on to this situation.

G6JNS · 24 January 2015 at 5:31PM

Yellow-ha wrote: »

Hi
After several months of no communication, I wasn't even sure if I was a joint executor. My dad was initially the executor and he gave it up to us. But because of rift, my brothers refusal to communicate, he took charge of it. I found out myself I was indeed named as an executor.
When the time came to swear oath, this was the only time my brother communicated with me. After a lot of demanding, arguing etc I finally swore oath after my dad was practically begging me to do so.
This is difficult to encapsulate as it's been over a year. I've asked repeatedly to be taken through probate activity but my brother just refused.
So he is the person who is presently 'in charge' if I want to know anything that happens from here, it's a huge fight just to be vaguely informed. My dad is weak, and unable to exert any authority on to this situation.

Go and see a solicitor ASAP. It is too serious a situation to allow to go on. As executor you are likely to be personally liable if you don't act.

nom_de_plume · 24 January 2015 at 5:37PM

The Court of Protection are probably worth a call too.

g6jns_2 · 24 January 2015 at 6:19PM

nom_de_plume wrote: »

The Court of Protection are probably worth a call too.

Why? Unless the father lacks mental capacity they have no role whatsoever. From what the OP says it is a matter of theft.

Tuesday_Tenor · 25 January 2015 at 12:48AM

Talk to the Probate Office. You can initially express your concerns without naming names.

They will have dealt with such situations before.

You may be able to get you brother removed as executor for being obstructive to you carrying out your role as executor.

After talking to the Probate Office you will be able to warn him with more clarity.
'Do it properly, give me the information I need as executor, or you will be removed from the role'.

Be aware though, if Dad is giving this money (which he had previously, or has now inherited) to his son from his own accounts, it may be a separate matter from the administration of the estate. And if he is doing it voluntarily, there may not be much you can do; it's his choice. But look on the Age Uk site for advice about financial abuse of elderly people. Is it time to consider setting up an Enduring Power of Attorney, for future use?