Executor theft

buggles

Hi,

My friend's mother died last year. Her aunt was the executor of the will. She hadn't seen her mother for a few years due to family problems. Her aunt never told her her mother was seriously ill, and when she died claimed that she'd given away all her possessions before her death. Turned out my friend was the sole beneficiary of her mother's will, she's an only child. She found out that her mother's car was transferred to a new owner after she died.
She's not sure what she should do, as the aunt was/is a nightmare to deal with.
Any advice appreciated, thanks.

Peregrinus

buggles wrote: »

She's not sure what she should do . . .

She should go to a lawyer immediately. We're looking at allegations of fraud and theft. This is not a road down which you want to go without proper professional advice.

buggles

Thanks Peregrinus, she's waiting for an appointment with a solicitor. I thought I'd ask what other people's opinions are as she's very upset about the situation.

Homer

How was your friends mothers mental health at the time she passed? There is a suspicion that the aunt may have transferred the car into her name but would be difficult to prove that she didn't give it to the aunt unless there was any suspicion she wasn't compos mentis at the time.

NUTLEY BOY

Firstly, OP's friend should start assembling the evidence by obtaining a copy of the Grant of Probate with a copy of the will attached. It all starts from there. That will establish exactly who was entitled to inherit what as distinct from what people may understand the position to be.

If the original proposition is correct and there has been misconduct there may be practical problems. Some assets may be traceable for title like a house. Other assets that have been disposed of will now only be traceable for value. That latter situation is very messy if the errant one is not a mark for damages.

IMHO this matter should be reported to the Gardaí.

If the probate work was done by a solicitor they may have questions to answer to the Gardaí and the Law Society especially if there is any evidence that they may have connived with the errant executor. There might even be a professional negligence claim against any such solicitor but that will turn very much on the specific evidence.

Ghekko

Surely the car is the only thing that can come into question. What other possessions are you talking about - household items, jewellery, or the house? If your friend had not been to see her mother for a few years how could she know what possessions her mother had up to her death?

buggles

Homer wrote: »

How was your friends mothers mental health at the time she passed? There is a suspicion that the aunt may have transferred the car into her name but would be difficult to prove that she didn't give it to the aunt unless there was any suspicion she wasn't compos mentis at the time.

She was sick, but the quickness of her death was unexpected. The aunt wouldn't release the estate because she didn't agree with the will, and turns out that it was going to be changed in favour of the aunts fmaily.

buggles

NUTLEY BOY wrote: »

Firstly, OP's friend should start assembling the evidence by obtaining a copy of the Grant of Probate with a copy of the will attached. It all starts from there. That will establish exactly who was entitled to inherit what as distinct from what people may understand the position to be.

If the original proposition is correct and there has been misconduct there may be practical problems. Some assets may be traceable for title like a house. Other assets that have been disposed of will now only be traceable for value. That latter situation is very messy if the errant one is not a mark for damages.

IMHO this matter should be reported to the Gardaí.

If the probate work was done by a solicitor they may have questions to answer to the Gardaí and the Law Society especially if there is any evidence that they may have connived with the errant executor. There might even be a professional negligence claim against any such solicitor but that will turn very much on the specific evidence.

The estate has already gone through the probate process and funds have been released. The aunt wouldn't release the estate for over a year, it was months before my friend was given a copy of the will, she now knows why. There's still a few things to tie up, there was no property save for the car and normal pesonal possessions. The aunt claims her mother gave everything she owned away leading up to her death (even though she was only ill at the time), and she doesn't know to whom. My friend knows the car was transferred after her mother's death because another friend ran a car check for her - after they found the registration number.
During the probate her solicitor said she couldn't prove that her mother didn't do what that aunt claimed, giving everything bar some clothes away, so she had to give up any hopes for family items, sentimental and otherwise.

buggles

Ghekko wrote: »

Surely the car is the only thing that can come into question. What other possessions are you talking about - household items, jewellery, or the house? If your friend had not been to see her mother for a few years how could she know what possessions her mother had up to her death?

That's what she was advised by her solicitor. It just made no sense for someone to give everything, except some clothes, even her phone, away, but it couldn't be proved so she could do nothing.

Ghekko

Could the mother have felt let down by her daughter and therefore ensured that, despite naming her as the sole beneficiary, she wasn't going to get much in the end? I saw that in my family. One child had not seen the mother in some time (in this case the child was verbally abusive and manipulative), so he didn't get as much as another child.

buggles

Ghekko wrote: »

Could the mother have felt let down by her daughter and therefore ensured that, despite naming her as the sole beneficiary, she wasn't going to get much in the end? I saw that in my family. One child had not seen the mother in some time (in this case the child was verbally abusive and manipulative), so he didn't get as much as another child.

She may have. It's a complicated messy situation, but her daughter definitely would've come home to see her if she knew things had become so serious. Her aunt told her she'd died by text.

nuac

MOD
Re-opened

2breal

get legal help immediately.