Joint executors but only one has access to the money

[Highlander777]

Hello

my wife’s father died over a year ago leaving my wife and older brother as joint executors. There is 1 other brother.

the older brother took control , closed all accounts and shared nothing other than a few emails after constant prompts.

My my wife received some money recently. No real audit trail available

the final piece is there is a house. My wife wants to sell and it’s been over a year. The older brother will not return calls or email and has no interest in engaging.

What at my wife’s options. The middle brother is sitting on the fence ..

thanks

[Kati]

Re: Joint executors but only one has access to the money

tagging [MENTION=85500]Peridot[/MENTION] [MENTION=141]enaid[/MENTION]

[enaid]

Re: Joint executors but only one has access to the money

Hi, when you say your brother took control, do you mean you gave permission for him to go it alone re probate etc or has he just taken it upon himself ?
If you did not give permission (this is called renunciation) then you are both jointly responsible for handling the estate and following the wishes of the deceased as written in the will.
It is your duty to ensure that that things are being done properly and no fraud etc is being committed.
I presume the 3 siblings are the beneficiaries? If this is the case and they are residuary beneficiaries (they divide the estate after all debts etc are paid) then they are all entitled to see the estate accounts. This though can only happen when the estate is settled and as the house is part of the estate this has yet to happen.
There are ways to have an executor removed if they are not performing their duties properly but it is not easy and can be expensive.
Much better to try and communicate and try and get the middle brother off the fence if he is a beneficiary he has rights too.

Who is financing the upkeep of the house? as Council Tax , insurance can soon mount up and an uninsured property can be very costly if something happened especially at winter time re pipes etc.
As he ever said why he is holding on to the house or offered to buy out the shares of the other beneficiaries?

[Highlander777]

Re: Joint executors but only one has access to the money

hello

thanks for your reply .

to answer some of your questions

1. I am not affected. it's my wife and her 2 brothers.
2. the 2 executors are my wife and the older brother. at NO time did my wife give the older brother permission to take over
3. the other brother basically took over and closed all accounts and move money into his account and claimed to open a Metro bank account. my wife asked for access to Metro . it took months and when she got access, there was no money in it. the older asked my wife to sign the probate form which had numbers in it about bank accounts etc. I told my wife not to sign as there was no supporting evidence but she did anyway
4. the remaining asset is the house. My wife wants to sell but the older brother holds all the paperwork and shows no interest in engaging . My wife has suggested he buys her out, no reply. the bills are being paid out of the estate funds. Again, I have suggested that my wife say she should not pay, but that's fall on deaf ears

the bottom line, the older brother will do want he wants on his time. my wife did threaten to get a solicitor involved and he reacted badly to that but the issue is my wife never followed through , so he think my wife is weak. I cannot see anyway out of this , so will need to engage someone to force the issue via an official letter. I have checked my house insurance but it does not cover this particular issue.

would like to understand where we can take next ?
regards
john

[enaid]

Re: Joint executors but only one has access to the money

If it were me I would at the very least see a solicitor and get a letter to the brother.
Has your wife seen the will? The wording of the will is very important as to how the estate is distributed and the deceased wishes must be followed.
Doesn't seem to me as though the rules are being followed but far cheaper imho to send a letter as a warning shot than go on more difficult and costly route of having him removed.
I personally would also check the land registry see who's name the house is in, but that's just me.