Suspicious sister

Keep_pedalling

Shezzy1 said:

Shelldean said:

Did the sister have Power of attorney for their mum?
Did she have any access to mum's account when mum was alive?I
Did she do mum's shopping? Pay her bills??
In other words is it possible she skimming money from mum?
And this is now about to come to light as bank statements will be looked at?

That's my first thought, that's she's somehow taken money. And by being executor no one will find out?

But that's just a thought!

No, she never had power of attorney but the youngest brother did and they are VERY close and see each other every weekend. The younger brother has the property. The younger brother had power of attorney and access to all the accounts.
We  believe there is a reason she wanted to take control and not let others look at accounts or manage anything. 

We will see the accounts on Saturday so maybe this will come to light? But if so, what can we do about it? Police don’t support civil matters? Or is this Fraud? There has to be a reason she is being so defensive. 

As per my previous post, if she refuses to hand over the paperwork, you threaten her with legal action, and if that does not work you take it. 

elsien

Any particular reason why they are carrying on with the probate company she chose?
Just because a) there is no obligation to use any company when they can do it themselves and b) there is no contract between the executors and the company so if there’s any money owing so far and they choose not to carry on with them that would need to come from sister’s share given that she got completely ahead of herself. 

Pennylane

Shezzy1 said:

Pennylane said:

If she does put a caveat on the application for probate the Probate Office will contact you and tell you.  It will remain in place for 6 months unless she agrees to remove it or you come to some agreement.   She can then renew it and renew it as many times as she likes apparently.  I think it’s completely wrong by the way because you are not even told WHY the caveat has been lodged.  It costs the caveator just £3 to do this.

Pennylane said:

If she does put a caveat on the application for probate the Probate Office will contact you and tell you.  It will remain in place for 6 months unless she agrees to remove it or you come to some agreement.   She can then renew it and renew it as many times as she likes apparently.  I think it’s completely wrong by the way because you are not even told WHY the caveat has been lodged.  It costs the caveator just £3 to do this.

Well, to be honest she will probably do this. She is a very spiteful person who likes to be in control of everything. At the end of the day she is prolonging everyone from getting their inheritance for no good reasons. It makes no sense. Will we be told the reason for the caveat and is this investigated by an independent body? 

The notification you receive from Probate Office will name the person who added the caveat and their address but will give no further details as to what reason they gave for doing so.  I don’t think that’s fair either.  How can you argue your case not knowing the reason why they have entered a caveat?  It’s not investigated by an independent body as far as I know and if you can’t come to some agreement then you start down the legal route and that can cost megabucks and the only people who benefit are the solicitors.🥲

Shezzy1

Thank you so much for all replies; we have printed off the links that people have send which are really useful. We will seek the help of a solicitor and take legal advice if she continues this behaviour and take it from her share of the inheritance. It’s just so stressful; thee is no need for this. Unless she has something to hide

Shezzy1

The plot thickens. We have received a very nasty e-mail today. She is now threatening the brothers with a police protection order stopping them from entering moms property - she said they are violent I really feel she has lost the plot. 

thegreenone

Lost the plot or trying to scam your Fiance and his other siblings from inheritance?  I assume the Executors can counter and have her barred from the property?
As Executors, can your Fiance and brother contact Land Registry and put a marker on the property ie that it is not to be sold/equity release etc without their authority?  Others will come along and explain it better.   It does sound as though her and youngest brother (YB) have been helping themselves.  What does YB have to say?  I hope the bank statements are not too horrifying when you get to see them.

Sorcerer2018

Shezzy1 said:

The plot thickens. We have received a very nasty e-mail today. She is now threatening the brothers with a police protection order stopping them from entering moms property - she said they are violent I really feel she has lost the plot. 

I don't understand a police protection order is used by police to protect a child in danger, is their a child in danger?

Sorcerer2018

If she blocked the probate with a caveat which turns out to be false, the court can reject it and continue anyway. As you say unfortnely all this will cost money, in solicitors or court fees. As far as I can see, she has no reason to stop the probate, if she is not a beneficiary or executer she has no right to know anything about the will or even look at it. It does sound like she's trying to hide something from the executers, need to check those bank accounts very closely.

Sorcerer2018

elsien said:

Any particular reason why they are carrying on with the probate company she chose?
Just because a) there is no obligation to use any company when they can do it themselves and b) there is no contract between the executors and the company so if there’s any money owing so far and they choose not to carry on with them that would need to come from sister’s share given that she got completely ahead of herself. 

Agreed their is a potential conflict of interest here for the solicitor, they should not be representing you and your sister. They know too much about the case.

elsien

thegreenone said:

Lost the plot or trying to scam your Fiance and his other siblings from inheritance?  I assume the Executors can counter and have her barred from the property?
As Executors, can your Fiance and brother contact Land Registry and put a marker on the property ie that it is not to be sold/equity release etc without their authority?  Others will come along and explain it better.   It does sound as though her and youngest brother (YB) have been helping themselves.  What does YB have to say?  I hope the bank statements are not too horrifying when you get to see them.

If the brother is continuing to live there, surely it’s up to him who he invites to the property? If he wants her to visit him would the executors be able to ban her? 

Anything that’s going to escalate things further is probably best avoided unless there’s no other option.