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 Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33038
Experience:  Over 25 years experience in law
27487359
Type Your Law Question Here...
Thomas Judge is online now

My father died, his estate has 2 executors my 2 brothers, the

Resolved Question:

my father died, his estate has 2 executors my 2 brothers, the will splits everything 3 ways, house sale and cash in bank have been distributed, a late award is to be made from a claim for mesotheolma of £75k, one brother is planning to take £10k of this for himself before the balance is split, he claims this is for caring for my father in his last days, I believe this is theft from my fathers estate
Submitted: 2 years ago.
Category: Law
Expert:  Thomas Judge replied 2 years ago.
I am rather with your view on this. Unless he can show that he spent a considerable sum of money on your father's care (and the sum would need to be reasonable) he would not be able to advance such a claim. I rather take the view that he is trying it on. The cost of a nurse (to provide quality care) would be considerably less than this sum. From what you have written he does not have such an entitlement. Happy to discuss. Please rate positive.
Customer: replied 2 years ago.
thanks for that, is this theft is my real question, in other words a criminal act
Expert:  Thomas Judge replied 2 years ago.
I am not convinced it would be treated as a criminal act by the police - they would take the view that it is simply a civil matter. Happy to discuss. Please rate positive.
Customer: replied 2 years ago.
I imagine he is in breach of his duty as an executor, is that duty not to distribute the estate wholly within the instructions in the will
Expert:  Thomas Judge replied 2 years ago.
It would certainly appear to suggest a breach of his duty as a beneficiary
Customer: replied 2 years ago.
what is your advice that I should do
Expert:  Thomas Judge replied 2 years ago.
I would be minded to get a solicitor to write a formal letter putting him on notice of your concerns and basically reminding him of his duty as a executor. I hope that this helps. Please rate positive.
Customer: replied 2 years ago.
thanks
Expert:  Thomas Judge replied 2 years ago.
My pleasure - I hope it works out - please rate positive = thanks
Thomas Judge and 2 other Law Specialists are ready to help you