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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My sisiter & i were named as executors in my fathers will.

Resolved Question:

My sisiter & i were named as executors in my fathers will. My father & my sister had a joint bank account. When we sorted out his will, I was only shown one bank statment which was dated soon after his death. Should I have been or can I see more of his bank statments. He has lived with her for the last 9 years.
In Oct 2012 he moved into a nursing home, some of his care was paid for, am I entilted to know how much money he had in his bank account when he went into the home & how much his care was --- i really want to know that this figures is the one I have seen on the only bank statment I have seen ??
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I really want to know if I can demand to see my Father's bank statments - I am concerned that My sister has been very careful in what she has shown me regarding my fathers estate, it has not been 'transparent', I have no idea how much money he had when he died - I only know what was in his account two months after his death.


She has given me some money and another sister has had money, however, if the sister dealing with my fathers account also had the same amount the total comes to more than she said was in his account, which makes me concenred that I am not being told the whole picture. I saw a statement that had £50,000 but the total bequests came to £54 ,000


Is there anything i can do to get access to my fathers bank statments?


thank you.

Expert:  Stuart J replied 3 years ago.

Is she refusing or reluctant to show you these?

I assume that he has now passed away

Customer: replied 3 years ago.


I have not asked her, but I guess she would refuse to show me. My Father passed away January 6th 2013.

Customer: replied 3 years ago.
Relist: Incomplete answer.
Very unhappy with the service, I am asking simple question, I got an answer straight away from co-op help line, should have relied on their information. Think this site is very unsatisfactory
Expert:  Stuart J replied 3 years ago.









It may be a simple question, but the answer is more
complicated as you will read.

It takes time to type.



The Co-op however didnt know about joint accounts but I do so clearly their service didnt answer your question and so you couldnt rely on it.

I am happy to give youa full comprehensive answer, in writing that you can show to your sister

 

I am afraid that this is not an instant service
because we all have clients and court and all users and travelling and evenings
and weekends, so sometimes you will get a response in minutes and sometimes it
may be hours.



You are in executor of your fathers will/estate. Executors
are also sometimes known as personal representatives and the executor therefore
should have access to all documents and records and property of the testator (person
writing the will, your father) once the
person has died. You should therefore have complete access to all the documents
and property, including those in joint names.



You need to ask your sister out right for copies of
all the documents, including the joint bank accounts and if she refuses, you
can threaten a court application and costs.



The threat of the court application and the costs
is always better coming from a solicitor. However, if the relationship with
your sister was bad, non-existent before, this will not improve it. However,
whilst you appear to be reluctant to upset her, she appears to not have the
same concern.



It is worthwhile mentioning that beneficiaries do
not have an automatic right even to see the will, but as an executor you do
have obviously, because without access to all the paperwork and the will, you
cannot do your job.



In addition, if you were appointed jointly in the
will, you should be signing all the paperwork and any application for probate
(if probate is needed, depending on where the assets are).



I will also mention the joint accounts. Whilst you
have the right to see these accounts, the money in them is not necessarily
joint money. The money might be your fathers or it could be your sisters or it
could be both.



Just because it is in joint names does not mean
that she has any interest in it outside the will.



The reason is quite simply that, if, for example,
all his pension or other income was paid into that joint account and it was in
joint names, simply so that she can administrate, then it is not joint money
even though it is in a joint account, it belongs completely to your father's
estate and should be distributed in accordance with his will.



Finally, although it may be a joint account, she is
no longer able to use it after the date of death, except to pay funeral
expenses which the bank will pay directly from the account on production of the
death certificate and the account from the funeral director



Can I help further?



Please bear with me today and over any weekends because
I will be online and off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

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doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

The thread remains open for us to continue this exchange

 

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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