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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience:  30 years as a practising solicitor.
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Scots Law I have been in touch with you earlier. You advised

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Scots Law
I have been in touch with you earlier. You advised me to use a forensic accountant which I did. He has now come back with his findings and I would like to ask you what the next step should be, based on the following information.The findings indicate that my mother’s state pension money has been taken out in cash and there is no trace of the money in any other accounts. It appears that my sister has had my mother’s card and pin number as she has taken money out also after death. The estimated amount that should have been in this account at the time of my mother’s death should have been between 30,000 to 40,000 pounds. This money is based on the average expenditure of a single pensioner buying food and clothing. All other bills, including holidays, were paid from another account which received widower pension payments.The accountant stated that the frequency of withdrawals and the amounts where highly unlikely for an old lady. The forensic accountant could see from the accounts that my mother was frugal. Over the five year period no assets were purchased and there was nothing of value in the house. The vast majority of the withdrawals were large amounts, , many were 600 pounds, sometimes taken out as close as two days apart but with no regular pattern. There were only a few modest amounts such as 20 to 30 pounds taken out.As mentioned in my earlier communications with you, my husband and I saw money in my sister’s bag to the value of approximately 20, 000 pounds but she has denied having the money and owning a black bag. Fortunately, I have a photograph of my sister with this particular bag at the time I saw the money. I unfortunately, did not take a photograph of the money.My sister, who is one of the executors, has also tried to close the estate without due procedure. She has distributed funds to my brothers and taken possession of the property worth 60 000 pounds before confirmation has been obtained. My sister was not legally my mother’s guardian although my mother found it very difficult to get around the last year.
How should I proceed in order to ensure that the money is returned to the estate and due legal procedures are followed? I should add that my brother is one of the executors but passed on all the responsibility to my sister without formally resigning his duties. What are his legal responsibilities? Fortunately, after showing photographic evidence of the bag, he agreed to send all accounts to the forensic accountant.The important aspect of this is not so much the money but that my mother is given the respect she deserves. I have also been called a liar by everyone in my family as they do not believe I saw the money. Now that the forensic accountant has shown that money has gone missing, I feel she has to be made accountable for her actions.
Submitted: 5 months ago.
Category: Scots Law
Customer: replied 5 months ago.
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Expert:  JGM replied 5 months ago.

You'll have to see a solicitor with a view to raising an action of count reckoning and payment against both executors. This is where you sue for what you think is due to you as a beneficiary but the side effect is that your sister will have to provide an accounting to the court of her actions as executor. You may also want to raise proceedings for damages in respect that she essentially stole money from your mother whilst she was alive and therefore that has effected the amount of your inheritance. There are several ways that this could be done and your solicitor will advise of the best way to deal with this in your own circumstances. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience: 30 years as a practising solicitor.
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