Distrust of Co-Executor plus Capital Gains Tax query

securityguy

Do you have any suspicions about the operation of your father's affairs under the power of attorney? You say in your initial post that you hoped a PoA allowed operation only under your father's instructions: of course, in general, it doesn't, it allows operation in your father's interests (assuming that it was a standard lasting/enduring Power of Attorney of the sort usually drawn up by parents appointing their children) and those interests can be a matter of some debate even before the suspicion of malpractice arises. Obviously, the act of obtaining probate will draw out records of accounts going back some way, so if there has been stuff your sister thinks you won't be happy about (which might be entirely above board: money makes people behave oddly) a desire to deal with the estate as quickly as possible might be an attempt to conceal that.

In passing, presumably your father was of the "women can't be executors" generation, or did he have some other reason to want to appoint his sons-in-law?

Mojisola

bingaling wrote: »

My hubby's position prior to commencing this post, after consistently requesting paper work as well of reminding her of his own responsibilities together with questioning her on how she had managed to bring in the assets so far without his knowledge or ever having him sign anything (apart from the Friends Prov bonds £60,000 today), that considering her complete disregard of my hubby altogether, and that she will carry on regardless, that, once she confirms that assets are complete, hubby would then appoint the solicitor to evaluate and verify sisters "statement of estate"

He's not behaving like an executor if he lets someone else manage the estate - he should either step down or take control.

I would be sending sister a letter from a solicitor now telling her to stop interfering in the estate and to hand over everything that she has relating to it. She has no right to be managing the estate.

bingaling

Thank you securitguy - Crikey - it never crossed my mind regarding POA - but after reading your post, it certainly has now raised my suspicions - am feeling a little shaken. I couldn't believe how extremely quickly she acted upon Dad's death to move money, clear the house etc etc - she was in a mad frenzy to do everything immediately (still is). Dad died December 2015. I was very ill with grief following this (not ever having a mum around, he was my Dad and mum so felt the effect of losing both parents). My sister had complete disregard to my grief even though hubby and family members constantly expressed to her that her persistent pushing of me was delaying my recovery. She carried on regardless… and has since expressed such hatred for me whenever questioned over anything or any item regarding Dad's estate. We have never quite seen eye to eye, but for the sake of Dad, I have always tolerated her, I occasionally visited her, but this new hatred and volatile outbursts towards me has very much unnerved me.

Dad appointed the two Son in laws to be executors because of the distrust I had of sister in the past (not related to money) and the reasons why. I do not think for one moment that Dad thought that sister would take control under her husbands executor title and behave in this manner. Since Dad was 85, all previous appointed executors were of age and had died. Our husbands were really the only people left in his life to appoint in the hope that them handling it would stop his estate becoming contentious.

bingaling

Thank you Mojisola - we are now considering this...

bingaling

Update: After numerous requests to sister for Death certificate, her husband has now given us a copy. Dad died on the 12th December 2015. Date of registration on cert is 17th December. It therefore poses the question of did sister act on her POA to move money between these dates and if or when they were frozen.

Keep_pedalling

bingaling wrote: »

Update: After numerous requests to sister for Death certificate, her husband has now given us a copy. Dad died on the 12th December 2015. Date of registration on cert is 17th December. It therefore poses the question of did sister act on her POA to move money between these dates and if or when they were frozen.

I don't see any other way she could have been able to transfer money or liquidise £60,000 of assets. Her last act under that role should be to notify the office of the public guardian (OPG) of the death of the donor.

Your husband should contact the OPG first thing Monday morning.

https://www.gov.uk/report-concern-about-attorney-deputy

bingaling

Thank you Keep pedalling. This £60,000 is what she instructed my hubby and hers to sign the docs today and enclose their ID to obtain the money. With this in mind, for this particular movement, she has chosen to do it with the executors involvement... but it was her who collated this and is her who will send it....

bingaling

OPG - I am not familiar with this, will research and contact them - thank you..

bingaling

Keep pedalling - have found the OPG - "Report a concern about an attorney or deputy" - thank you for bringing this to my attention.

getmore4less

How well do you know the other exec is he a puppet to the wife or will he stand up for himself.

either way time to get serious and get a solicitor involved.
(I think hubby needs some official support with this it could get messy)

often partners of beneficiaries are a good choice for executor they have a level of emotional detachment and can get on while their partners deal with the loss. they also have a vested interest in keeping costs rained in.