No will

[Cluemeup]

Hi there, I'm trying to get the best advice for my friend so I would be very greatful for any advice please. My friends mum died 2 months ago She had two sons, one of whom is my friend I need the advice for. My friend feels like his brother is not being upfront about the estate. He claims there was no will left and by the time abc has been paid there will be nothing left. My friends brother has already casually admitted to taking money out of her account for a variety of reasons before it was frozen and he claimed he didn't have knowledge that he shouldn't of done that. My friend has no idea how the funeral was paid for or how his brother has just booked a lavish holiday for his family. My friend has the feeling that his brother cleared out her account whilst he had access to it which is why he has only just informed the bank of her death. Please could you tell me what rights my friend has to find out exactly the size of her estate, what has been paid out and to whom and how he goes about that process please. There is no property involved.

[Cluemeup]

I'm not sure if it's relevant but my friends brother has also cleared out his mums social housing property and is selling all her white goods, jewellery and basically any items of value on ebay. He said he is going to put the funds raised into his daughters accounts. It may seem petty but surely he should be talking this through with his brother to see if there is anything he wanted at all and not just doing as he sees fit and cutting his brother out altogether?

[des8]

The brother clearing the estate is acting completely incorrectly.
To remove money from the account after the holder has died is theft, unless it was to pay estate debts etc.

If there was no will the mothers estate is dealt with according to the rules of intestacy.
In this case, assuming the mothers spouse has already passed and there are no other siblings the estate should be divided equally between the two brothers

The brother dealing with the estate is de facto the mother's Personal Representative.
The other brother, as a residuary beneficiary, has a right to see a full accounting of the mother's estate.
This should include all the monies in her bank account at the time of her death and a full inventory of her belongings.

What your friend can do pragmatically is a choice between applying for probate himself, or demanding a full inventory and account backed by the threat of application to court for an injunction to produce it or trying to resolve the matter amicably.
The last option is really the best one, as any court action will likely destroy any brotherly love that might still remain, and there is no certainty that court action will achieve the desired result, and it could be expensive
Use the possibility of action together with the knowledge that he has acted inappropriately, to persuade the brother to act according to the law.

[Cluemeup]

That is really clear and consice advice thanks des8. I am really Greatful for the time you spent helping me on this issue xx