My sister wont send me my money

[Tom 100]

I hope someone can help me, 2 years I was left some money from my auntys estate my sister was made administrator and was dealing with it all. I have since found out she was sent all the money and have now had to make a claim in the money courts. She knows her duties as an administrator but has said she has spent all the money and now going to declare herself bancrupt. I would like to know if this is a criminal matter or any other advice anyone has . Thank you

[Mineral1]

Re: My sister wont send me my money

It's difficult to see any other way forward than to pursue her in court yourself. If she were to declare herself bankrupt, does she own her home? Has she any assets such as vehicles?

[Tom 100]

Re: My sister wont send me my money

Thank you for replying. She does own her own home with quite a bit of equity but has many outstanding debts. Her vehicle has since been transferred to her partners name. She has as good as stolen the money from me and has no intention of giving it to me. Her solicitor knew there was a dispute between us but still sent her my half of the estate.

[Kati]

Re: My sister wont send me my money

Have you contacted the police?

[Tom 100]

Re: My sister wont send me my money

No not yet, do you think they would be interested ?

[Kati]

Re: My sister wont send me my money

It's worth a try

[Mineral1]

Re: My sister wont send me my money

Thank you for replying. She does own her own home with quite a bit of equity but has many outstanding debts. Her vehicle has since been transferred to her partners name. She has as good as stolen the money from me and has no intention of giving it to me. Her solicitor knew there was a dispute between us but still sent her my half of the estate.

If she makes herself bankrupt then if you have a CCJ against her for your share of the Estate you can seek an attachment I think to her half of the property. If she tries to sell it or dispose of it then you would have to be settled. Get on with getting your CCJ I doubt the police would do much, you really would have to prove criminal intent (beyond reasonable doubt that's 90% chance of her actually setting out to defraud you) really difficult, M'Laud was so confused and distressed about poor Aunties passing etc etc...
In short sue her via Moneyclaim til her teeth rattle... Do you actually have a copy of the will? Easy enough to get it's a matter of public record..... Do you know exactly how much you were left? Has she ever offered up any reason why you should be dispossessed? :tongue2:

[Mineral1]

Re: My sister wont send me my money

She would be less than wise to try and evade you via that route.... You get (I think) an official receiver for your assets and you tell them to the penny what you earn and they charge a mint for administering this......

[des8]

Re: My sister wont send me my money

You might like to read the attached article.Not just a breach of trust, but also criminal theft.

Roman considers the case of Caroline Woodhouse who has just received a four month prison sentence by claiming her brother’s estate had no money and transferring the money to her own bank.
As a solicitor in a busy Contested Wills, Trusts and Estates team, I regularly help clients who are looking to reclaim misappropriated estate assets or who are in a dispute with co-executors and beneficiaries about the distribution of an estate.
Sadly, all too often such disputes are between siblings and the recent case in today’s Hull Daily Mail which was brought to my attention by a colleague, illustrates the dangers where beneficiaries or executors simply choose to ignore the law.
In this case, Caroline Woodhouse, sister of Ian Woodhouse, deceased, has just received a four month prison sentence, suspended for 18 months, after clearing out her brother’s bank accounts and redeeming his insurance policy just days after his funeral. Mr Woodhouse had other sisters and it appears, therefore, that his estate ought to have been split between all the siblings.
The rules regarding the administration of an estate are set out in the Administration of Estates Act 1925 and, specifically, section 25 sets out the duties of an executor. In the present case it appears that Mrs Woodhouse not only acted in breach of any duties she may have owed to the estate and its beneficiaries as an executor but, in appropriating these assets, she was also guilty of theft.
From my own experience, I find that some people assume that they have a right to a loved one’s assets based simply on what the deceased may have said to them before they died. However, unless those wishes are set out in a validly executed will then any attempt to obtain estate assets may constitute a criminal offence as well as a claim for breach of fiduciary duty.
This case therefore acts as a stark reminder to any unscrupulous or misinformed beneficiaries or executors to think twice before taking the law in their own hands.

[Mineral1]

Re: My sister wont send me my money

One possibility is you invite her to offer to pay you off... In installments if need be....

[Mineral1]

Re: My sister wont send me my money

You might like to read the attached article.Not just a breach of trust, but also criminal theft.

Roman considers the case of Caroline Woodhouse who has just received a four month prison sentence by claiming her brother’s estate had no money and transferring the money to her own bank.
As a solicitor in a busy Contested Wills, Trusts and Estates team, I regularly help clients who are looking to reclaim misappropriated estate assets or who are in a dispute with co-executors and beneficiaries about the distribution of an estate.
Sadly, all too often such disputes are between siblings and the recent case in today’s Hull Daily Mail which was brought to my attention by a colleague, illustrates the dangers where beneficiaries or executors simply choose to ignore the law.
In this case, Caroline Woodhouse, sister of Ian Woodhouse, deceased, has just received a four month prison sentence, suspended for 18 months, after clearing out her brother’s bank accounts and redeeming his insurance policy just days after his funeral. Mr Woodhouse had other sisters and it appears, therefore, that his estate ought to have been split between all the siblings.
The rules regarding the administration of an estate are set out in the Administration of Estates Act 1925 and, specifically, section 25 sets out the duties of an executor. In the present case it appears that Mrs Woodhouse not only acted in breach of any duties she may have owed to the estate and its beneficiaries as an executor but, in appropriating these assets, she was also guilty of theft.
From my own experience, I find that some people assume that they have a right to a loved one’s assets based simply on what the deceased may have said to them before they died. However, unless those wishes are set out in a validly executed will then any attempt to obtain estate assets may constitute a criminal offence as well as a claim for breach of fiduciary duty.
This case therefore acts as a stark reminder to any unscrupulous or misinformed beneficiaries or executors to think twice before taking the law in their own hands.

Using the bank card etc on an estate that hasn't been through probate is a criminal offense I think... Some banks have some kind of special fund that allows the funeral costs etc to be drawn???

[Tom 100]

Re: My sister wont send me my money

First of all thank you so much for your time. My sister and I have not spoken for years. She was appointed administrator of the estate and took control of everything and appionted her friend as a solicitor. After all the outstanding debts were settled thier was 70k to be split between us. She had the whole amount sent to her. We have a court date set for late May. I feel let down by the law as it seems thier is not a lot I can do now!!

[Mineral1]

Re: My sister wont send me my money

Good... Keep us in the loop and we will help where we can..... Sad fact, money brings out the worst in some.....

[des8]

Re: My sister wont send me my money

Using the bank card etc on an estate that hasn't been through probate is a criminal offense I think... Some banks have some kind of special fund that allows the funeral costs etc to be drawn???

Oops, sorry but I posted on wrong thread.
Trouble with too many windows open and watching rugby at same time.