Beneficiary withdraws from deceased estate with deceased debit card

[Twirly]

I am the executer of a will and one of the beneficieries has withdrawn money from the deceased account after the date of date and also purchased goods on the deceased card. I have requested the relevant informaition from the beneficiery and they have told me that they had the deceased persons permission to do this, although nothing in writing from the deceased. I have tried to arrange a meeting to discuss implications etc but at the moment they are too distraught to meet me and discuss. I have agreed to wait until after the funeral but I am rather concerned as they have a holiday booked after the funeral so cannot meet until later.
I really dont want to put this in the hands of a solicitor as the estate is very small and I would also be worried about possible criminal offences as this is a close member of the family.
Alternatively if I meet with this person and they agree to repay the money to the estate would this be acceptable and rule out any criminal charges?

[wales01man]

Re: Beneficiary withdraws from deceased estate with deceased debit card

Its probably theft my wifes brother did this hours after her mums death dependent on the amount taken it could investigated

[enaid]

Re: Beneficiary withdraws from deceased estate with deceased debit card

Hi, not a nice situation for you and more upset is not what's needed.
As executor have you worked out the estate value ? you do mention it is small so no probate?
Would it be possible to get them to agree to this being part of their bequest, so leaving everything equal for the other beneficieries?

[Twirly]

Re: Beneficiary withdraws from deceased estate with deceased debit card

This is exactly what I thought , how did you deal with the situation and what was the outcome?

[Twirly]

Re: Beneficiary withdraws from deceased estate with deceased debit card

Although the estate is small it still needs to go through probate, more than happy to discuss her taking it as part of her bequest if this is within legal parameters but what action can I take if she refuses? Without legal representation.
Yes it is very distressing as we are all obviously grieving and upset
Thankyou for your suggestions

[enaid]

Re: Beneficiary withdraws from deceased estate with deceased debit card

Legally no one but the executor should be able to touch the account after the bank was notified of the death. The bank account should have been frozen immediately. Even if the person had power of attorney that ceases to exist on death. If you informed the bank and this was done after then it is something you should take up with the bank.
The money taken after death will flag up at probate so i would warn the person investigation may well happen.

[wales01man]

Re: Beneficiary withdraws from deceased estate with deceased debit card

This is exactly what I thought , how did you deal with the situation and what was the outcome?

The Police were contacted interviewed him but took no action when we completed the estate accounts we deducted what he took from his the money when it was distributed he took noaction despite mouthing off with threats after all we had proof he was a theif

[Twirly]

Re: Beneficiary withdraws from deceased estate with deceased debit card

Thanks for the reply, not very comforting I just need to work on this very sensitively.

[Twirly]

Re: Beneficiary withdraws from deceased estate with deceased debit card

Thankyou again for coming back to me, so far your suggestions have given me an avenue to explore. I think the only way around this is as you said either ask them to pay the money back into the estate or to agree to take the withdrawals as part of their inheritance, particularly now we know it will be flagged up during the probate process. Will keep you posted after my meeting with them takes place