"DODGY! Executor

[CYNthesys]

Executor suspected of failing to disclose all estates assets. Is it possible to obtain a copy of the probate application that details all the deceased's assets and liabilities?

[atticus]

What are your reasons for being suspicious?

[CYNthesys]

2 Executors named (husband and wife) , but only his wife is a beneficiary. Husband's God is money, and husband dealt with the deceased's affairs and probate. A few things about husband have never sat right with me

[PallasAthena]

Who is it who wants to see the probate application/details of assets? Presumably if the wife wants to see them she can just ask her husband and co-executor for them. Is the person who wants to see the details also a residual beneficiary?

There are legal methods to obtain details of the estate - eg the Inventory and Accounts proocedure - but normally that is used only by a residual beneficiary, or possibly a creditor.

The actual Probate application form does not become a public document. Only the total estate value is disclosed in the Grant of Probate.

There is nothing inherently suspicious in only one of the executors dealing with the deceased's affairs and the administration of the estate. It's common that the co-executors agree that one of them should do the work.

[CYNthesys]

The person who wants to see them is a potential creditor

[PallasAthena]

Are the executors saying that the estate is insolvent and doesn't have enough money to pay the creditor?

[atticus]

only a 'potential' creditor?

[CYNthesys]

Are the executors saying that the estate is insolvent and doesn't have enough money to pay the creditor?

Not insolvent, estate circa 500,000

[CYNthesys]

only a 'potential' creditor?

Its quite complicated, as deceased fraudulently obtained loans in someone else's name

[PallasAthena]

Were the loans obtained from commercial loan companies?

Is it the lenders or the person whose identity was stolen by the deceased who wants to see the list of assets?

How would seeing a list of the estate's assets and liabilities help them?

If the executors are not acknowledging the debt then one way forward might be to to begin court action against the estate for recovery of the debt. Given the complexity of the situation the lenders and/ or the person whose ID was stolen should get professional legal advice on this.

[atticus]

Surely the person whose identity was used should be denying liability for the debts, explaining the fraud to the lenders, and not pinning hopes on recovery from the fraudster's estate. Let the lenders do that if they wish.

[CYNthesys]

Were the loans obtained from commercial loan companies?

Is it the lenders or the person whose identity was stolen by the deceased who wants to see the list of assets?

How would seeing a list of the estate's assets and liabilities help them?

If the executors are not acknowledging the debt then one way forward might be to to begin court action against the estate for recovery of the debt. Given the complexity of the situation the lenders and/ or the person whose ID was stolen should get professional legal advice on this.

It is both the person and the offspring whose identity was stolen by the deceased ex spouse who wants to see the list of assets