Joint Account Mess

[Pezza54]

You should write to the solicitor holding the will stating as executor you require the original will. Explain you and your brother as majority executors want to sell the property which has been unoccupied for xxxx months. Offer your ID and say you are prepared to collect it at a convenient time. Do not take no for an answer
If he or she refuses (all 3 executors to sign for it) threaten to report the solicitor to the SRA

[Pezza54]

When you have obtained probate, sold the property and proceeds from the sale deposited in an executor account.
If your older brother is unable to justify how the £42k has been spent on your late mother, then:

Say the proceeds from the property sale are £150K after fees
Without any adjustment you would each receive £50k
But you and your brother should each receive £14k from your eldest brother, meaning two of you receive £64k and your eldest brother £22K

This means the 3 of you will inherit £64k each, albeit your eldest brother got his money before your mum's death

[meg22]

I think older brother must have been paying for my Mums home care from his own bank account and was getting direct payments from the LA into his own bank account. He has admitted concealing my Mums money from the LA.

I tried to get information from the LA last year but didn't do it properly - I think I'd need to make a SAR or whatever to get my Mums social care record. Middle brother also tried reporting it to the Police but they weren't interested.

No-one is paying the utility bills at the moment. Older brother wasn't great at paying bills when my Mum was alive - my Mum would often get letters threatening bailiffs. There is a large e-on bill outstanding from when my Mum was alive and all the Council tax from my Mums last year is outstanding. I notified the Council of my Mothers death and the Council tax is currently exempt but I keep getting bills from them about the outstanding amount. There was a solicitors letter form e-on at my Mums house which I replied to but I've not heard anything since. I've also had the water temporarily disconnected. I think older brother was expecting my Mums estate to pay theses bills.

I also got a letter from DWP about pension overpayments months after my Mums death. I contacted the private pension providers for my Dads occupational pensions going into the joint accounts and one of those hadn't been informed of my Mums death and none of the benefit and pension had been repaid earlier this year,, months after my Mums death. Older brother is expecting the estate to pay them back even though the joint accounts were in older brothers sole name when the overpayments were made.

Older brother also refused to insure my Mums house so I've had to pay for insurance myself.

[Pezza54]

It is possible that your mother nominated your eldest brother to receive LA direct payments for her home care costs. The LA would have involved your brother about decisions regarding his mother's care needs

The time for LA council tax exemption for an empty property after death of the sole owner is not indefinite. If the property is still empty 2 years after the date of death, the LA may charge the estate premium council tax. If this happens this bill would be the biggest bill by far, dwarfing other utility bills

You should concentrate on getting the property sold asap, starting by writing to the solicitor holding the will, as post 17