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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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A single family member had power of attorney for my late auntie,this

Resolved Question:

A single family member had power of attorney for my late auntie,this person was also a joint executor with myself for the above said auntie upon her death,I suspect that some dubious banking activities have taken place prior to my late auntie passing away as what was left in the estate after her death was considerably less than when I viewed the accounts at the point of this family member becoming her power of attorney 3 years ago ,with no apparent explanation for this to be so, also this family member has acted solely on his own and kept what he is doing as an executor from myself by withholding information and relevant paperwork and correspondence,what can I do to investigate this further.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

In respect of accountability as attorney you can get in touch with the Office of the public Guardian in Scotland and ask them to investigate your concerns.

See www.publicguardian-scotland.gov.uk

As far as the state is concerned you are entitled to demand information and an accounting. If this is refused you can go to the court with an application for accounting assuming you are also a beneficiary of the estate of the estate.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Many thanks for your time,one more question if I may,my late aunties house was let out privately to cover a portion of her care home fees for the last 3 years,the family member with power of attorney was having the rent money from this private let paid directly into his own personal bank account,unusual and possibly dubious perhaps,upon my aunties death the house was left to my brother and myself continuing to be let out, the rent money from the point of my aunties death till the finalising of the will (6months) did not go into my late aunties estate,but was kept by the family member formally power of attorney and now a joint executor with myself , the family member refused to pay the money either to my brother and myself or to the estate .if the rent money for the last 6 months was not included in the final estate I believe that it would belong to the current owners of the property from the point of my aunties death ,being myself and my brother.
Expert:  JGM replied 3 years ago.
The rent prior to death should have been used for your aunt's benefit and the rent after death should have been paid into the estate. If neither of these things has happened, this person again can be held to account in the manners outlined by me above.
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