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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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my father passe away 2013. september....My brother (eldest)

Resolved Question:

my father passed away 2013. september....My brother (eldest) has appointd himself as executor.....i know that in his will my father, as told to me and my other brother had left around 36K to be divided up as the law states as far as i know... to date i and my brother have had nothing, as the eldest claims that the DWP were looking into having overpaid dad , as he was pensioner....this in my eyes has gone on to long now and my other brother and i think that the eldest has had the settlement and is sitting on the money , and everytime we enquire about it he fobs us off...or ignores any requests for answers.....what by law can my brother and i do to find out if this is the case..he hasnt told us who the lawyers dealing with it are....nor has he passed on any e-mails to us he said he got in keeping him informed of proceedures...the only thing he asked me 1 time is that, had his lawyers been on touch with me ..to tell me what was going on, to my mind they would not do that as im  not the client.....

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
In the first instance you should get your lawyer to write to your brother asking for a note of progress with the estate and accounting of his intromissions as executor. Note that if the will appointed him as executor he would not have himself appointed. That would only happen if there was no will.
In any event if he continues to ignore you, your remedy is to go to the sheriff court and raise what is called an action for count reckoning and payment. That is where the court orders him to account for his actings as executor and orders him to pay you what is due to you. In other words the court intervenes in the estate and the estate is then wound up under the supervision of the court.
I hope this helps. Please leave a positive response so that I am credited for my time.
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