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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5427
Experience:  Director and Principal Solicitor. UK
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My brother and I are both Power of Attorney and Executors

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Hello, my brother and I are both Power of Attorney and Executors for our parents. Dad died in 2019 and mum entered a residential home in September last year as her dementia worsened. Mum was still of sane mind to make that decision. They had a trust will (tenancy in common effectively) which now the house has sold, dad’s half is to be divided between my brother and I and the four grandchildren. We have had a difficult relationship and it has now got to the point where it is too damaged and we no longer have contact. Unfortunately due to several banking errors with the executor account, we are having difficulties with the cheques we gave out to beneficiaries. I didn’t receive a message or email alerting me to any irregularities but my brother did, according to a follow up call to the bank. As he is not returning any of my messages and we cannot see this account online I have spent hours on the telephone to the bank, and am awaiting another call today. I discovered yesterday that he made a funds transfer from the executor account into my mum’s account through which he is now transferring his family’s inheritance, without my knowledge or agreement. This shouldn’t have happened as transfers should not be allowed through this account, it is a cheque only account. I am extremely concerned that I no longer have contact with him or any trust in his actions. He also owes mum £8000 which he promised to pay back when the money came through and I am hoping he does repay that. Could I please have some guidance as I am concerned that if my family’s cheques do not go through there is no way he will sign anymore. I must add that I live in Essex and he moved down to Cornwall last year which makes things even more difficult.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No I haven’t spoken to a solicitor or lawyer concerning this. We both live in England
JA: What steps have you taken so far?
Customer: The only steps I have taken are the several phone conversations I have had and am continuing to have with the bank to resolve the payment of cheques from the executor account.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He moved to Cornwall as he wanted to live his own life even though mum was deteriorating but then became difficult over decisions concerning mum and the house. He did nothing to help but wanted to maintain control. We have never really got on unfortunately. When mum’s house went on the market he agreed I could act on my own with the solicitor as it meant all paperwork would have to be sent and may have delayed things. Unfortunately he then demanded to be ‘let back in’ as he didn’t want my husband to act as my dad’s trustee (even though he was named as one in my parent’s previous will and this was suggested by the solicitor). When it was suggested I phoned and messaged him to ask if it was okay with him but he refused to answer and instead phoned the solicitor the next day. She assured him it was just a signature at the end of the process so he grudgingly gave in. If he had discussed it with me we could have asked his wife instead.

Good morning, welcome to just answer, I am a solicitor and reviewing your question now for you.

Customer: replied 19 days ago.
Good morning and thank you
Customer: replied 19 days ago.
Could I call on my landline as I am expecting a call from the bank today on my mobile?

Hi, I am reading your question. I have just seen the notification of your call and I am happy to speak to you once I have finished reading in about 5 mins and if you are happy with the fee that you would have been notified. Yes I can call on landline

SolicitorRM and 4 other Law Specialists are ready to help you
Customer: replied 19 days ago.
01787 461682

I am calling you now, you will regrettably have to provide me the facts on the call as when I accepted to call you the content of your question came off the thread and I assume it's because the system recognises that I would be talking to you to discuss anything you need to ask.

Thank you very much for taking the time to speak about something that is so personal to you and I hope we managed to cover all you needed me to answer. Please do not hesitate to send any follow up message as long as I am online I will do my best to guide you further. All the best.