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executer refuses to pay out

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  • executer refuses to pay out

    Hi Everyone

    I wonder if someone could advise me please .My Mother passed on 18 months ago she died without making a will .My sister and I are the only children and the estate should be split between us jointly .. My sister applied for probate and was granted it last November.After my Mothers death my sister took all my Mothers paperwork bank cards statements etc and refused to show them to me. I suffered a breakdown shortly after my mothers death and unfortunately I was unable to do much about the situation.My sister emailed me details of what she had submitted to probate last year but I heard nothing after that .

    I am now on the mend and starting to pick up my life again .When I checked the email of the probate submission I realised that it was not complete and definitely had one account missing(maybe more ?) which contained approx 10000 pounds .I have a bank statement from this account to prove its existence .My sister has been taking money from this account .I have a more recent statement to also prove this .

    Troubled by this I recently visited my Mothers house which is 3 doors away from my sisters. Most of my mothers possessions have disappeared from the house ,jewellery, pictures, furniture etc .I could see many of these items adorning my sisters house when i looked in the window there. ( she would not answer the door ) .My mothers car had also gone .It appears she gave this to a relative who is not a beneficiary .The house is in a dreadful state and water damaged due to leaking pipes .No attempt has been made to sell the house .My sister now refuses all communication with me and says she will pay out when she is "Good and ready " She provided me with 500 pounds when I begged about 3 months ago but nothing since .The estate contained a reasonably high amount of cash in various bank accounts enough to make me very concerned about the situation .If my sister does payout she said she will not show me the accounts anyway.I worry she has spent a lot of the money as there were many improvements visible on her house and a new vehicle whilst she is on a low income and had no savings.

    At the moment im struggling to put my life together again ,I haven't been able to work for the past 12 months and I really need this money and the estate sorting correctly and my mothers possessions divided fairly and the house putting into good repair and selling .

    I know I will need a solicitor but I have no money and can only just work part time.I feel afraid and vulnerable and I think that I will be unable to get my mother possessions returned as she has already taken them . I know I should have done something about the situation earlier but I can only say that I was unable as I was mentally incapacitated and in and out of hospital .Apologies if this post is a little rambling .

    Could anybody please advise me as how to proceed and my rights in this situation . Can I force her to produce a full account of my mothers estate .As the executer was she responsible to look after my mothers possessions and house prior to sale? If she has mismanaged it or stolen things do I have any way to put this right.Do I need to involve the police ?

    Many thanks in advance.

    Andy
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  • #2
    Re: executer refuses to pay out

    Hi Andy and to legal Beagles,

    Firstly, my condolences on the loss of your mother and huge sympathy for your subsequent illness.

    The answer to your questions above is that yes, an executor does have the duty to distribute the estate of the deceased fairly - scrupulously - according to the law. From what you've described above it would appear that your sister could well be acting unlawfully.

    Unfortunately redress is not as easy as it should be.

    You do, IMO, need specialized legal assistance and perhaps a good place to start would be to see a local solicitor who understands this area of law for a free initial consultation as to how best to challenge her behaviour.

    I have to say, harsh as it sounds, in your shoes I would consider involving the police. If your suspicions are correct this does look like criminal fraud.

    Good luck and you will get all the help here that we can give x
    “Find a place inside where there's joy, and the joy will burn out the pain.” Joseph Campbell

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