Executor Suspicion

J

Jinx14

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My brother, the Executor of my late father's will, has disclosed that there is very little money for us siblings to inherit.

Our family home was sold when my father moved to live with my brother a few years ago and some of the proceeds from the sale of our family home was spent extending and renovating my brother's house. However, there is still a substantial amount of money missing and it seems like the only person that can access information regarding my father, is the Executor - my brother.

His attitude to date is simply "I don't know where the money is gone" and he is delaying carrying out his duties as the Executor but will not relinquish the role either. His apparent wealth with no obvious means (he doesn't work), his delay tactics, and changing stories are making us suspicious and we think he may have been accessing my father's savings on a regular basis.

Is the only option to engage a solicitor or does anyone have any advice they could offer?
 
Did your late father have a bank a/c, or several? If yes. Are you sure?
Did your father have money? Had he enough for you to start bringing the law into it?
Maybe your father gave your brother the money to do up the house they both lived in.
Have you seen the will?
Your brother may have been given money by your father, that was your fathers choice and it could have been cash over a period of time, or in a few payments.
Make sure you know all the facts before you start to say the brother is wrong. If the money was there and is gone, I don't know what you can do about it.
 
Yes my father had bank accounts and he had savings. We know and accept the payment for the extension & renovations, some bills, holidays for my brother over his time living there. No one has any issue with this. But even with that, there is a very large sum of money missing and we just don't know where to get answers if my brother doesn't assist with the enquiries. Getting the facts is the problem when the Executor isn't interested in getting the facts. Thanks for your reply. Much appreciated
 
Just curious, and not doubting you, but how exactly do you know that there's a large sum of money missing? Do multiple people (including you?) have access to your father's account(s?)? Have the accounts not been frozen as part of the probate process? Are they in your father's sole name?
 
Perhaps it would be better to stop the Spanish Inquisition and simply advise the OP what, if anything, the rest of the family can do to address the situation that s/he has outlined?
 
Let's see if I have this right

Joe who is getting on in years, sells his house which nets (say) €100k
Joe moves into live with son John, gives him (say) 50k to make renovations/extension for Joe to live comfortably/ independently to the end of his days.
Joe passes away.
Son John is appointed as Executor; Joe's estate consists of his bank accounts, there being no other property to dispose of.

Three relevant questions right now

1. Was an agent/attorney appointed by your father either under an EPOA or a direct Power of Attorney?
2. Was your father at any time before his death diagnosed with any form of dementia?
3. When did your father pass away?
 
Thirsty said:
Let's see if I have this right

Joe who is getting on in years, sells his house which nets (say) €100k
Joe moves into live with son John, gives him (say) 50k to make renovations/extension for Joe to live comfortably/ independently to the end of his days.
Joe passes away.
Son John is appointed as Executor; Joe's estate consists of his bank accounts, there being no other property to dispose of.

Three relevant questions right now

1. Was an agent/attorney appointed by your father either under an EPOA or a direct Power of Attorney?
2. Was your father at any time before his death diagnosed with any form of dementia?
3. When did your father pass away?
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Yes solicitor was appointed by my dad and my brother was selected as Executor when my father was well. No power of attorney was done at any stage. He developed dementia in the last 2 years of his life. He passed away 7 months ago.
 
ClubMan said:
Just curious, and not doubting you, but how exactly do you know that there's a large sum of money missing? Do multiple people (including you?) have access to your father's account(s?)? Have the accounts not been frozen as part of the probate process? Are they in your father's sole name?
Click to expand...
We were told by my brother there is nothing left. Based on this advice, then the figures don’t work out. None of us have access to anything, only the Executor can deal with his affairs. You would imagine the accounts would be frozen but that might depend on whether the bank was told by the Executor. Account in sole name.
 
Jinx14 said:
Yes solicitor was appointed by my dad and my brother was selected as Executor when my father was well.
Click to expand...
This doesn't make sense, who was appointed exec in your late father's will?

Jinx14 said:
No power of attorney was done at any stage. He developed dementia in the last 2 years of his life.
Click to expand...
Who took care of his financial affairs?
Jinx14 said:
He passed away 7 months ago.
Click to expand...
Generally speaking an executor has about a year to apply for probate. You won't be able to apply to have exec removed until that year is up.

Once your father passed away, his bank account(s) should have been frozen - do you believe that hasn't happened?
 
What if your Dad spent it all before he passed away or donated it to a charity? Which he was perfectly entitled to do. I understand you may have assumed that a portion of the sale of the home was to be yours but really people can do what they like with it & no-one is entitled to an inheritance. I think you have to assume that your brother is telling the truth as the bank statements will be evidence in the end.
 
Also at any stage since the sale of the house your father could have given you a gift. Did he ever mention this? Did he ever discuss the will & potential inheritance?
 
@misemoi - elder abuse and executor mismanagement are very real.

We don't know that is what has happened here, everything may be 100% documented and above board; but neither should the OPs concerns be dismissed.
 
misemoi said:
What if your Dad spent it all before he passed away or donated it to a charity? Which he was perfectly entitled to do. I understand you may have assumed that a portion of the sale of the home was to be yours but really people can do what they like with it & no-one is entitled to an inheritance. I think you have to assume that your brother is telling the truth as the bank statements will be evidence in the end.
Click to expand...
misemoi said:
What if your Dad spent it all before he passed away or donated it to a charity? Which he was perfectly entitled to do. I understand you may have assumed that a portion of the sale of the home was to be yours but really people can do what they like with it & no-one is entitled to an inheritance. I think you have to assume that your brother is telling the truth as the bank statements will be evidence in the en
Click to expand...
 
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