Joint executor but being ripped off

[Sapphire722]

My Mum has recently passed away and my sister and I are joint executors. She has always been the bossy one, and she let me see a copy of the Will which says we get half of the estate each. My sister insists that it is half the house each, and there is no money left at all. I know Mum had money, in savings accounts, but not how many or how much in each one. I have now found out that my sister cashed a cheque after Mum's death saying it was written before her death. However, supposedly it was written 2 months before her death, from an active account, and was for the exact amount that would be remaining. How could Mum possibly know how much there would be left? I've had sight of a copy of the cheque from the bank, and I'm sure it's not Mum's signature, but very much like my sister's writing. What do I do? I also found a statement in Mum's name showing she has an ISA for £53,000. How can that be no money?! My sister wants to do all the accounts for probate - how do I avoid getting ripped off? Any advice much appreciated, thank you.

[atticus]

Has probate been obtained? Are you named as joint executor on the grant of Probate?

If yes, you are entitled to full information and to be involved in decision making.

I never understand some families. Openness and transparency promotes trust, secrecy promotes distrust and discord.

[Sapphire722]

Probate hasn't been applied for yet. My sister has taken all statements etc from Mum's house before I got there, so I've told her I want to be on the probate application jointly, but I'm concerned that even if she shows me her accounts, I won't know if they are complete or honest. The solicitor holding the will just says, of course, that we need to work together etc.

[dslippy]

You have a big decision to make -0 whether to report her attemped theft to the police and or the bank.

[dslippy]

Tell the solicitor that you do not authorise the release of the will to anyone without your explicit consent.

[des8]

When you obtain the grant you will be able to obtain statements of account from the financial institutions which held them.
They may even release them to you if you show them the copy, together with proof of identity.
Make enquiries of all the financial institutions your mother may have used.


Re that cheque which was cashed after your mother's passing:
If it was to discharge a debt owing to your sister there is no problem
However if it was a gift to your sister, the gift lapsed upon your mother's passing as it was incomplete and so forms part of her estate (and so might have a bearing on any IHT payable)

You need to tell your sister that as you are joint executors with joint liability you must see and agree all the accounts.
Each is personally liable for any errors made by the other