Executor not responding to any contact

Renirai

Hi I hope someone can help?
my husband’s stepmother passed away October 2020 after being in a care home for 4 years.
one of my husband’s step brother’s said he was dealing with everything and he had power of attorney before she died. He said there was around £200,000 to be split between my husband, his brother and his 2 step brothers.
everything seemed fine until February this year when his step brother changed his phone number and has ignored all Facebook messages my husband has sent.
we recently wrote to him with my husband’s phone number and asking what was happening but he has also ignored this. (He lives 5 hour drive away so we can’t just pop round) and his other step brother is also not responding.
there has been no probate granted yet but we are worried he’s took the money since it’s weird he just stopped talking to my husband.
what do we do now? Is there a way we can find out the money is still there? Everything seems geared to after probate what happens if he doesn’t ever apply for it?

elsien

Power of attorney doesn’t mean anything as it ends when the person dies.
Do you know if there was a valid will, or whether the estate is being dealt with under the intestacy process? 

If there is a will, do you know for sure that the step brother was an executor?
Did the estate include any property?  

Renirai

Hi there was definitely a will and his step brother said he was dealing with everything so we are assuming he’s the executor.
her house was sold by him about 2 years ago as she was in care.
Would he have been the one to tell the bank she had passed away or is it automatically frozen?

elsien

He would have needed to show them the death certificate to freeze the accounts. The bank wouldn’t know otherwise that she’d passed away. 

Sea_Shell

Sadly, there is a real risk that he has used the POA to transfer all the money to himself (and his blood brother), before notifying the bank of her passing, assuming that this has actually now been done.   Or he's done it "by the book" so far, but then is just hanging onto the money in an "executors account" under his control, and possibly in his own name (these don't HAVE to be set up as executors accounts)

Unfortunately the Police are usually not very helpful in these circumstances.   They'll trot out "it's a civil matter".    You'd somehow need "proof" that a theft has occurred.

With a £50k share at stake, I'd be taking a little "holiday" to where he lives, and doing some investigative work (new car on the drive?) and trying to make face to face contact, talk to neighbours etc.   

Be careful that you don't get your collar felt for harassment though!!!

Pennylane

When you say there was about £200k left …. When was this?

People do change their phone numbers and they stop using FB you know.  Perhaps you should send a letter “Signed For” and track it. 

Renirai

I think we might have to seashell
penny lane feb 2020 he said there was £200000
we have already sent a letter signed for with no reply so stuck as what to do next

thegreenone

Might be worth a look at Land Registry to see who owns the house now.  Just to see if it's still Mum or step-brother.

Search for property information from HM Land Registry - GOV.UK (www.gov.uk)

or do a google/rightmove search to see if the house has been let.

Renirai

I have just checked it was brought last year by someone not related and right move shows sold in 2018 as well so that would have been the sale