📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Bad executor

Options
My sister who is co executor was arrested and being investigated by police for embezzlement and misappropriation of my mother’s assets. Can I, as concerned beneficiary, change the locked to my mother’s house until investigation has concluded. 
How does this affect me as probate info from my sister was incorrect and she has placed a caveat on the process which my solicitor says is inappropriate.
What should I do moving forward?

Comments

  • DE_612183
    DE_612183 Posts: 3,811 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    who is the other executor?
    what was the result of the arrest?
    what info was wrong on probate form?
    what have the probate office said about the errors?
    was there a will?

    The answers to this will give a better idea of what you need to do moving forward.
  • elsien
    elsien Posts: 36,058 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 31 July 2024 at 10:01AM
    You need to consider that  when the investigation is concluded, even if there is some evidence that your sister is not acting appropriately, it is possible that no further action is taken by the CPS. So what would you/the other executor do in those circumstances?

    Because they have more responsibility than you do to make sure processes have been properly followed.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Keep_pedalling
    Keep_pedalling Posts: 20,870 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    If you are the other executor yes you can change the locks on the property. Executors can’t put a caveat in place unless their renounce their powers wgich would at least avoid a court having to remove them. 
  • I am the other executor. I did the probate forms but my sister didn’t disclose all the monies she had had from my mother’s estate. She embezzled my mother when she was alive. Hence the investigation. £140k. 
    Probate office haven’t commented as yet as solicitors dealing with it. A warning may be issued.
    Lack of trust is reason for changing locks.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 599K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.