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JGM, Solicitor
Category: Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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JGM Scottish Law Just to sum up, if she intentionally takes

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JGM Scottish Law
Just to sum up, if she intentionally takes money from my mother's account to keep in the house, it is fraud. It can be very difficult to prove this without evidence. i.e. accessing bank accounts which I imagine is difficult. From what I understand from your answers she is entitled to any money in the house regardless of how large a sum it is. The other point you mentioned is that she is entitled to all jewellery in the house at my mother's death, including the jewellery I gave to my mother. Does this mean then that my brother and sister do not have to provide any accounts to me when they tie up my mother's affairs. If, infact, they intend to formally do so.They have not given me any information about this at all and avoid the question when I ask them.
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The argument is that there could be no other reason for keeping the money in the house rather than the bank except saw that your sister would benefit on your mothers death. An unusually large amount of money would tend to suggest that that was her intention and you could challenge that in the context of the estate by raising an action for accounting. As far as the jewellery is concerned that would be household contents. Generally an executor is bound to account to the beneficiaries and if the executor does not do so or the beneficiaries are not happy with what the executor provides then the beneficiaries can go to the court and ask the court to make the executor account for their actings in the estate.

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