Joint executor Run away with estate funds, what can I do?

Will_hj

elsien said:

Was an executor account opened at all? 

Nope, they transferred all the money into their account when probate was passed. This was done without my permission. 

xylophone

Nope, not anymore. It is in their bank account 

As executor, you can ask the bank which held the deceased's account to supply the bank statement which shows the transfer out to the absconder?

xylophone

Nope, they transferred all the money into their account when probate was passed.

Does the Grant name both executors?

If so, did the bank not ask for authorisation from each?

TBagpuss

xylophone said:

Nope, they transferred all the money into their account when probate was passed.

Does the Grant name both executors?

If so, did the bank not ask for authorisation from each?

Most banks will release funds under a certain amount without probate - if they paid the funds out inappropriately it may be worth making a formal complaint to the bank - they may be able to pay the money to you and then pursue the other executor themselves. The difficulty is that just as they shouldn't have paid it to a single executor in the first place, they shouldn't really do so now, but you might be able to get round that if you do get the other person removed as executor.

Gavin83

Are you also a beneficiary?

Will_hj

Gavin83 said:

Are you also a beneficiary?

Yes

Will_hj

Just an update:

I have now got a solicitor at £200 an hour. I will be splitting cost between beneficiaries to hopefully find a resolve.

Legal letter is being sent a warning shot. I'm sure that will be ignored but preparing for mediation then court(Worst case).

This going to cost thousands. I have lots of evidence and have remained cool, and calm throughout this ordeal which it will show in my favor as the only message I have received of Joint excutour is basically "F off dont contact again"....

Isn't it terrible that family/ People can do this. There is nothing I feel i could of done differently as the money was taken the day after probate. The only thing I wish I done was get the solicitor to do probate as I did all the forms myself to save money....stupid.(Obviosuly had them signed by solicitor )

Will_hj

xylophone said:

Nope, they transferred all the money into their account when probate was passed.

Does the Grant name both executors?

If so, did the bank not ask for authorisation from each?

Yes, and the bank released the funds to her without notifying me or my signature.

Will_hj

Just another update (I hope this Thread helps someone else in my position)

Been in contact with the deceased bank. As it was under 60k the joint executor did not need my signature to transfer the money into their bank account. So they cannot help either.....Brick wall after brick wall

xylophone

Been in contact with the deceased bank. 

Then at least you have proof that the money was transferred out of the deceased's account into the name of the absconding executor.

You have now engaged a solicitor - it may well be that you will need to go to court.

Ultimately the costs of this should be borne by the  absconder?