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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11132
Experience:  30 years as a practising solicitor.
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JGM Solicitor - ongoing situation I would like to ask a few

Customer Question

CustomerSolicitor - ongoing situationI would like to ask a few questions following an your last answer.1. Can I ask my brother, who has left all the executor's duties to my sister, to provide a full accounting going back to when my sister had control over my mother's account. I fear my sister has been taking money out of my mother's account over time and has been hoarding it in the house. She has denied having a very large sum of money which I have seen. I am concerned that my brother, who says he is going to deal with the matter, will not do a through job.
2. I am also concerned that my sister has had access to an account which she has not listed on my mother's assets. How is it possible to check this? Will it show on any tax accounts? It is not likely to be a huge sum.
3. Do I need to be informed that all the legal matters regarding my mother's estate have been dealt with before accepting any money? i.e W the paperwork submitted to the HM Revenue & Customs.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

1. Your brother is responsible for everything since the date of death, not before, however he is entitled to ask your sister what happened to items of estate that were under her control prior to death if there is a suspicion that funds are missing. 2. An executor would ask the bank if there are any other accounts held by the deceased and there is also a company that will do a general search for bank accounts in return for a fee of about £150 from recollection. 3. You should be given a final account and you should accept any payment until the executors have finalised the estate unless they offer an interim payment. Unlikely unless there is a solicitor involved.

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Customer: replied 1 year ago.
1 I would like to refer back to your answer and point out that my brother and sister are both executors of my mother´s will. My brother however, has left everything to my sister assuming that she would deal with the money honestly. Can he go back into the accounts without my sister´s authority? My brother has not signed any legal documents resigning from his duty as executor.2. My brother has interviewed both my sister and myself to try and find out who is telling the truth with regards ***** ***** money. My sister said there is no money so how could I see any. He, for whatever reason, is siding with my sister and has been quite aggressive when talking to me. I feel the only way to deal with this dishonesty is to try and get a copy of the accounts. I realise that I have to go to the courts to be able to do this. Is there any point? I am at the stage where I feel it is not worth the heartache. I am not doing this for money but for moral grounds - there is at most 60 000 pounds at stake here which should be shared by 4 siblings.3. If he is not willing to do a general search for bank accounts, as you mention, how can I get this done?4. My sister has working as an accounting secretary for most of her life and I believe she has been very clever to try and cover her tracks. How easy is it for a solicitor / accountant to find any irregularities and what irregularities would they be looking for?
Expert:  JGM replied 1 year ago.

1. He has the same right of access as your sister as they are both executors. 2 £60000 is a lot of money and it would be worth an action for accounting. However the difficulty is proof. 3. In these circumstances where a beneficiary has raised the point, good practice would be for him to get a search done. Only the executors can do this, through a company like Landmark. See www.landmarkfas.co.uk. 4. The answer to this would be best answered by a forensic accountant but they would generally look for uneven patterns of withdrawals, large lump sums with no explanation and the like.