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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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We are four siblings who are executors of my fathers estate

Customer Question

We are four siblings who are executors of my father's estate and until today, 3 of us have not had access to the executive account, which is in our four names.
My brother has taken sole control and gives out no information whatsoever regarding the account in spite having been asked for information for six months.
I have now accessed the account because I have
managed to find a letter with the account details and have now learned that my brother is putting money into the account from his own personal account and is paying money out to his company, which is nothing to do with the rest of us.
He has also made a cheque out to my deceased father and has cashed it, but we do not know where these funds have gone. Is there any logical explanation for these transactions that you can see?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has probate actually been granted?
Customer: replied 3 years ago.

Probate has been granted.

Expert:  Clare replied 3 years ago.
How much was the declared value of the estate - and very roughly what was it made up of?
Customer: replied 3 years ago.

It was about 1.8 million at a guess but I think this would include my dad's house, a rented property, that gets a rental income, shares and investments.

Customer: replied 3 years ago.

Hi Clare

I am not sure why this is taking so long for your reply and then mine because each question you ask seems to be hours apart, which is why I do not answer straight away because it takes too long for your reply so I am not sat at my computer. On checking your details, it says you are off line. I am talking to Clare am I not?

Customer: replied 3 years ago.
Relist: Other.
Each answer from Clare was hours apart and when I checked her status, she was off line anyway, so who was I actually conversing with?
Customer: replied 3 years ago.
Relist: I still need help.
Expert:  Clare replied 3 years ago.
My apologies for the delay
I had unexpectedly prolonged connection problems
There is no legitimate reason for these actions and cashing a check of the deceased is certainly bordering on fraud.
I am uncertain whether you and your siblings are included in the Grant of Probate of or whether your powers were reserved, but either way your next step is to write to your brother a formal letter saying that you must insist on seeing all the accounts to date and that in the absence of the accounts you will have no choice but to apply to have him replaced as Executor of the estate
Please ask if you need further details - the connection problem is resolved (I Hope)