Sorry, what further details will be helpful?
The funds arose when the father's house was sold when he had to move to a nursing home. Various bonds and an annuity were purchased to fund his care. There were no funds provided by the sibling.
The income went only to the father. The life policy aspect was only discovered during the probate process when the insurance company were approached for the funds and said that they will only pay out, and only to the sibling, after they have proof that the probate process has completed.
Executors are a firm of solicitors. They have raised the question as to how/why/when the 'offending' bond was entered into, but not shared any response (if they have received one)>
Hi Clare, in response to questioning the executor solicitors have responded as follows:
"Friends Life have confirmed that the proceeds of the joint lives policy / bond do not fall into your late father’s estate. Unless and until XXXX (sibling) confirms that he is happy for the funds to be transferred to the estate, they do not fall to be distributed with the rest of the estate.
How should we proceed given your earlier advice?
No. The executor only updated to say that no formal notice has (yet) been received that he will transfer the monies to the estate.
Does the misappropriation argument hinge on whether the sibling had power of attorney at the time? We think this is the case (checking) but at the very minimum we know this occurred shortly after the father had a brain operation and had moved into a care home.
Clare, please would you respond to my last comment. This question seems to have been closed.