How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34232
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I am named as joint executor in my late mother's will. My

Customer Question

I am named as joint executor in my late mother's will. My co-executor has lied to me and to beneficiaries about several issues, particularly about probate. How do I tackle this.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the extent of the Estate an dis there any reason why you are not dealing with the matter together?
Clare
Customer: replied 2 years ago.

hello Clare, my apologies. I have been in a remote part of Sulewasi with very poor internet.

The estate is between 170000 and 200000. My co-executor is my brother in law. It appears he has made a private agrreement with two of my sisters, one his wife, to delay the sale of the house.

It was agreed 11 months ago that he would take on probate while I took on a position of power reserved.

In the time since then he has repeatedly stated that he has submitted firm PA1 but he has not. On February 13th I stated that I intended to make an application for probate. On February 18th he submitted form PA1 with other executor status declared as none.

This is but one example of him misleading and outright lieing to me and to other members of the family.

Expert:  Clare replied 2 years ago.
Hi
Who are the beneficiaries?
Clare
Customer: replied 2 years ago.

the estate is shared equally between the five children including myself and the this other execututors wife. The main asset is the house hich the other executor and his wife are staying in at weekends. His wife has responsibility to deal the the chattels which are still not cleared after 11 months. All beneficiaries have their own homes including this man's wife. It was agreed by all that the house should be marketed from 1 October.

Expert:  Clare replied 2 years ago.
Hi
Are you able to return to the Uk to deal with the matter?
Clare
Customer: replied 2 years ago.
hello Clare.
yes, I will be back on Wedneaday.
thank you for putting up with the arratic email communication from here
Expert:  Clare replied 2 years ago.
Hi
That is not a problem.
My apologies - I have not asked when your mother actually passed away?
Clare
Customer: replied 2 years ago.

my mother died on June 6TH LAST YEAR

Customer: replied 2 years ago.

My mother died 6th June last year

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - for some reason your question fell off my list.
There are a number of possible ways forward.
As a starting point you could point out to your brother in law that as of next month he is personally liable to the beneficiaries for the interest that they will lose on the money that they should have received from the sale of the property - and that you expect him to sign an indemnity to protect you from any such claim.
You can then agree to go forward with a joint applictaion for Probate and the immediate marketing of the property
Alternatively you can apply to the court for him to be relieved of his responsibilities so that you can go forward with the applictaion in your own right
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello Clare.
I was very happy with you earlier advice. This is a follow up on that.
Following your advice I wrote to my brother in law and asked him for clarificationof his earlier claims to having applied for probate.
I stated to him that I would require a form of Indemnity to protect me in the case of claims from beneficiaries for loss of income.
I asked him to explain why he had misled me and other members of the family into beleiving probate had been applied for and placing the house on the market . When of course the house could not be sold without probate.
In a typical bluster he ignored my questions and accused me of holding up the probate process by not revealing that I had the original will. Untrue.Untrue. when asked about the will I responded as soon as I was able.
On a related issue he asked me to add my signature to form IHT 205. On
inspecting this I found that it did not include a £5000 loan to my brother. I believe there were other large sums put away at his suggestion in the names of other family members to mislead Social Services over my mother's finances.
How do I go about getting this man removed by the courts.?
Expert:  Clare replied 2 years ago.
Hi
You can read more about the process here
http://www.step.org/tackling-troublesome-executors
Clare
Customer: replied 2 years ago.

I cannot counter sign the form IHT 205 as it does not include funds belonging to my late mother. Under this mans instructions these funds were placed in accounts under the names of other family members as a strategy to conceal my mother's assets while she was in care. I had nothing to do with this.

I cannot deal in any way with this executor as he has repeatedly lied to me and to beneficiaries.

I need to find a solicitor specialising in inheritance law. As my mother lived near Burton on Trent and her house is there. it may be best if I find someone in that area. Any recommendation would be most welcome.
Expert:  Clare replied 2 years ago.
Hi
Do you have evidence of those payments?
Clare
Customer: replied 2 years ago.

Yes, confirmed by my brother P.... and sister K.....

I took possession of my mother's accounts today. They show these payments. My brother P.... is happy to confirm that he received 5000 as a loan from my mother. My sister K....(not the one married to the other trustee) confirmed to me that she has 11000. She transferred this money to her own account at the suggestion of my brother in Law K... who is married to another sister M... and is my co Trustee. I have records of these transfers in cheque book stubs and bank statements.

I advised my sister K that parents frequently lend money to their children and that we may need to make a settlement with Social Services. But that I could not countersign a declaration by my brother in law(IHT 205) that I knew to be inaccurate and I was very unhappy to be asked to do so.

Expert:  Clare replied 2 years ago.
Hi
I suggest that you redraft the IHT205 for yourself and sign it and send both forms to the Probate Registry so that Probate can move froward
Clare
Customer: replied 2 years ago.

Thank you Clare,

Should I also redraft the form PA1 where he has declared himself as sole executor.

How do I tackle him about his repeated written reassurances, over many months, of having applied for probate?

How do I deal with him encouraging my sister K... to make what I now know to have been false declarations to Social Services when my mother was in care? This linked to the form IHT 205 that he asked me to counter sign.

I cannot trust this man.

Expert:  Clare replied 2 years ago.
Hi
Yes it would seem sensible to redraft both the forms and send them to him for signature.
All you can do is write and point out that the fact he has misled people about the Probate, and that he manipulated your mother's finances to cause benefit fraud means that all financial matters must now be provable and above board
Clare