Issues with joint executor.

mkGlasgow

My sister and I are joint executors of our late father’s estate. We are awaiting probate having payed somebody to handle it for us.

There is a small sum of money remaining in my fathers bank account and there are two small properties which have both been sold subject to contract. No other complications. I currently reside in one of those properties having nursed my very elderly father through his last few years with us. My sister lives abroad.

My sister has tried to dominate proceedings from the get-go using language such as “when I’ve decided what to do with the property”. Not too big a deal I’ve just had to keep reminding her that we are both executors.

But now she’s irked me because she recently came for a weeks holiday and without telling me she closed the bank account. First I knew about it was when I received a message from the bank a week after she had gone saying that a direct debit to one of dad’s charities had failed and a small penalty incurred. Some utilities were still being paid on the account in the property I am still residing in because it was easier for me not to be tied to the providers as I could move anytime. All usage has been accurately documented for final adjustment and the amount is insignificant compared to the money she has taken for several trips to England in addition to the sanctioned one for the funeral.

I’m so annoyed with her for acting without even mentioning it to me that I’m considering going to a solicitor and getting them to handle my side of the remaining affairs even though I don’t think there’s much to do just so I don’t have to interact with her any more. The properties are both being handled by a local solicitor here. My sister also has her own solicitor in France and I have never had cause to use one until now.

If I go to a solicitor should I go to the same one handling the properties or find another and how much would that likely cost?

Or am I simply over reacting?

Thank you.

poppystar

She was well within her remit to close the account. It should have been frozen on death so she would be in part responsible for it not being frozen. No one should be using someone else’s account after their death. Illegal is probably a strong word but it certainly would be against the bank’s terms and conditions, no matter how ‘convenient’ it might be. 

You need to try to work with your sister. I’m not sure what her having a French solicitor would have to do with the estate assuming the deceased lived in the UK. 

msb1234

The account should have been closed as soon as your father died. There should be no transactions on it. If you are still in his house, you are liable for all house costs. Your sister is right to have done what she did. 

mkGlasgow

msb1234 said:

The account should have been closed as soon as your father died. There should be no transactions on it. If you are still in his house, you are liable for all house costs. Your sister is right to have done what she did. 

Hi msb1234

Thank you for your response

As indicated in my post all house expenses have been documented for final adjustments.

We were both advised by I can’t remember who to keep the account open and both my sister and I were in agreement. I travelled to the bank this afternoon and they didn’t seem too bothered. When I asked if it was illegal the lady said no.

Anyway closing the account is no problem but as we are joint executors I feel it should have donet together or at least informed the other person what we were doing.

mkGlasgow

poppystar said:

She was well within her remit to close the account. It should have been frozen on death so she would be in part responsible for it not being frozen. No one should be using someone else’s account after their death. Illegal is probably a strong word but it certainly would be against the bank’s terms and conditions, no matter how ‘convenient’ it might be. 

You need to try to work with your sister. I’m not sure what her having a French solicitor would have to do with the estate assuming the deceased lived in the UK. 

 

Hi poppystar

Thank you for your response

We were both advised by I can’t remember who to keep the account open and both my sister and I were in agreement. I travelled to the bank this afternoon and they didn’t seem too bothered. When I asked if it was illegal the lady said no.

Anyway closing the account is no problem but as we are joint executors we should have done it together or at least informed the other person what we were doing.

msb1234

All it needed was a phone call to the bereavement team at the bank. that doesn’t need 2 people. When my father, mother in law then mother died, I received a booklet from the registrar that detailed what we needed to do. It included mention of informing all banks etc of the death. Whoever told you you didnt need to close the bank account was very wrong. I’m also surprised that whoever you spoke to at the bank told you it wasn’t illegal.
https://www.rochelegal.co.uk/news/can-you-withdraw-money-from-a-dead-persons-account/

mkGlasgow

msb1234 said:

All it needed was a phone call to the bereavement team at the bank. that doesn’t need 2 people. When my father, mother in law then mother died, I received a booklet from the registrar that detailed what we needed to do. It included mention of informing all banks etc of the death. Whoever told you you didnt need to close the bank account was very wrong. I’m also surprised that whoever you spoke to at the bank told you it wasn’t illegal.
https://www.rochelegal.co.uk/news/can-you-withdraw-money-from-a-dead-persons-account/

Thank you for the link. Very clear.

retiredbanker1

If the account had been closed (as opposed to all monies being withdrawn) then the bank would not have written to you about a failed direct debit because all payments would have ceased.
As other posters have indicated the bank should have been advised of the death and a death certificate shown to them - at this point all direct debits and standing orders would have been cancelled, and the account blocked.
An executor of an account can go into a bank (solely) to close an account by signing a bank indemnity confirming their details as executor and the balance of all accounts is less than whatever limit they have before probate is required (Lloyds was £50k).
So if the sister has 'stolen' or 'misappropriated' the money you need to take it up with her not the bank.

I feel we are not getting the whole story here to be honest.