probate

[wales01man]

Re: probate

Have been looking through bank statements which show the brother was taking money out of her account while she was seriously ill in a care home about 170 pounds in less than a month would this be classed as fraud or theft

[CleverClogs]

Re: probate

Or kleptomania? :tinysmile_hmm_t2:

[wales01man]

Re: probate

We need some more advice on this if any one can help
We now have witnesses that the money was withdrawn after he knew of her death is there a real possibility the police will act?
thanks in advance

[wales01man]

Re: probate

Have contacted the police re the money taken from the deceased after her death they dont want to know what next?

[bluebottle]

Re: probate

Make a formal complaint to the Chief Constable of your local police force. Which is your local police force, please?

[bluebottle]

Re: probate

If Letters of Administration have been granted, this will put you in a much stronger position. In the meantime, I would ask your local police to explain why they don't want to know. If they try fobbing you off, make a formal complaint to the Chief Constable. Which is your local police force, by the way?

[wales01man]

Re: probate

its surrey it was a civilian who dealt with it when told she was not happy with responce he said we could talk to his supervisor if i deal with the police in reporting a crime i want a copper

[bluebottle]

Re: probate

Say no more. Go back and ask to speak to the Duty Officer, who is normally a police officer of the rank of Inspector. Civilian support staff are not trained to assess whether a crime has been committed or not to the same level as a police officer. Police officers have taken law exams, as I can vouch for having been a policeman myself. If you don't get any joy from the Duty Officer, you can escalate the matter to the Station Superintendent or, failing that, the Chief Constable.

[wales01man]

Re: probate

Thanks for all the advice and especially Bluebottle action is being taken with the help of advice received waiting on all final bills and statements before we apply for Letters of Administration to divide the estate have been told by one family member there was a will and by another there is not the latter is the most likely sorry to say the res of the wifes family and the truth are distant to say the least all must have season tickets to cloud cuckoo land next question though because with of all the lies we have been told we feel that when probate has been completed we need to if there is available an insurance policy to cover us should a will turn up at a later date any ideas ?
Thanks again

[wales01man]

Re: probate

Bumping this post to see if anyone can advise,We are now ready to complete the probate and distribute the money to the beneficiaries one question remains,Can we legally hold back a sum of money for say a year incase something turns up we knew nothing about as we expect any money owing that is unknown to us now should come to light in this period,Or is there an insurance we can take out incase this happens ,the reason behind this is becauses the wfes siblings and the truth are distance friends we have been told so many lies since the wifes mothers death,
Any advice appreciated

[MissFM]

Re: probate

Hi Wales - have just read this thread and boy have you had a hard time - am so sorry.

I am 99.9% sure that you can hold back your fighting fund as long as you ring-fence and label it as such (special account, tied up) - ie you must remove any possibility of an appearance that you're actually snaffling it for yourselves.

Usually on this site if I give an opinion and it's considered dubious, someone who knows better swoops down from on high and makes corrections so let's hope this will happen if I'm incorrect here...

[enquirer]

Re: probate

Civilian support staff are not trained to assess whether a crime has been committed or not to the same level as a police officer.

Civilian counter staff are trained all right - to get rid of people wanting to report crimes.

[enquirer]

Re: probate

Can we legally hold back a sum of money for say a year incase something turns up we knew nothing about as we expect any money owing that is unknown to us now should come to light in this period,Or is there an insurance we can take out incase this happens ,the reason behind this is becauses the wfes siblings and the truth are distance friends we have been told so many lies since the wifes mothers death,

This is why the placing of newspaper advertisements is common practice. I would suggest that you do so in your local paper, and also in those of the surrounding areas. Look to see examples.

You should also consider placing an advertisement in the London Gazette (this is the 'government' newspaper. Anything that has been 'gazetted' is considered to have been published 'to the world').

Once you have done so, and there have been no replies, then the chances of anyone managing to launch a successful post-probate claim are vanishingly small.

[Inca]

Re: probate

Hi wales,,I have just been through virtually the same as you,but there was a Will involved for the money,it was the 1000's of items that FIL had hoarded over 50 years that caused the problem (plus he made me Executor PLUS his Will was complicated and the BIG PLUS was he had spent 100k in less than a year!!),,It's a flipping nightmare isn't it? I agree with FM,,put a notice in paper,,no responses,,I believe you have then fulfilled any obligations.

[wales01man]

Re: probate

Thanks for te support its been nothing but bother since we started the idiot brother is still lying about things like the money he stole after her death says he doesnt have to pay it back we have his signed not where he says he will pay it he still gives his othere sister grief demanding she tells my OH he is demanding his money well hes still waiting as are the others he emailed us wanting to speak i phoned him he said he wanted to bury the hatcet and be friends with the OH some hope then started to tell me what he WANTS 2 word answer to that,I then emailed him and told him the facts about his theft and lying and suggested he take legal advice if he disagrees nothing yet,The OH wants to finish it all but is still worried something will turn up ,will wait to see if any other LB members offer advice then finish it,Thank god my side of the family are normal and descent