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Disinherited but named as executor - messed around/used by sole beneficiary

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  • Disinherited but named as executor - messed around/used by sole beneficiary

    Hi, thanks for taking the time to read my Post.

    My Mother recently passed away, having three children she chose only to benefit one of us (my brother) her entire estate. While there is no properly involved there is a significant amount of cash in one bank account (well into six-figures) My mothers solicitor is handling the probate process.

    Since the death I've been supporting my brother financially, paying bills and rent on my mothers rented property while also giving him money to live on as he does not work and is not in receipt of any benefits.

    As you can expect its been upsetting for me and my sister, not only the death but the fact my mother choose to disinherit us and her three grandchildren. Before anyone asks, there is no foul play regarding the will, we were told this long before she became ill - though we thought she was joking as we were all close. On the will my mother named me and my brother as executors with me being named first.

    Since the death the relationship between me and my brother has deteriorated to the point I don't trust him. Me and my sister have tried to appeal to him to give some of the inherence to my mothers grandchildren but he has refused to do so while insisting on living in my mothers property at my expense. He has assured me that once the probate is granted and the money comes through he'll pay me back what he owes me but I very much doubt he'll do so. At this point I am considering cutting my losses, pulling the plug on supporting him and refusing to cooperate further when it comes to dealing with the probate or swearing an oath.

    What would happen should I choose not to swear an oath being one of the executors? would this delay the probate being granted or cause myself any trouble?

    Also, being an executor would I have equal access to funds/bank account once the probate is granted. The bank has always insisted on both me and my brother being present when dealing with them. Would it be possible to insist on money being either withdrawn or more likely transferred given the large sum he owes me?

    Apologies regarding the rather long winded post, any help would be appreciated.
    Tags: None

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