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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11546
Experience:  30 years as a practising solicitor.
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JGM, Scottish Law - ongoing matter My sister is an executor.

Resolved Question:

JGM, Scottish Law - ongoing matter
My sister is an executor. She has removed a huge amount of cash from the house which I saw. As she has had access to my mothers bank account and since she was appointed executor, she has likely been taking cash out and storing it in the house. There are four children who should have had an equal share of money in the bank but there is little left. Can she still remove cash if she is executor?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
JGM, Scottish Law - ongoing matter
My sister is one of the executors. She has removed a huge amount of cash from the house which I saw. As she has had access to my mothers bank account and since she was appointed executor, she has likely been taking cash out and storing it in my mother's house. She is of the opinion that everything in the house is hers including all the money. She is not appointed legal guardian but my mother was dependent on her to take money out of the bank for her. My mother did not look at her bank statements. There are four children who should have had an equal share of money in the bank but there is little left. Can she still remove this amount of cash if she is executor and claim that it is hers? I have told my brother who is the other executor and he has said that she is entitled to everything in the house.
Expert:  JGM replied 1 year ago.

If she has taken cash out with the intention of having it in the house as "house contents" then she would be wrong. The cash should go into the estate as a whole. It is not hers. She is perpetrating fraud.

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