Family inheritance impropriety

random voice

2 executors of a will of a deceased parent


for purposes of this conversation, executor 1 is the perpetrator , executor 2 is the injured party



Executor 2 was assisting in providing palliative care for ailing parent who had a protracted and traumatic death whilst also providing care and constant supervision for surviving parent who has advanced dementia and was in essence at risk of escaping from family home perpetually.


Exec 2 was under an incredible amount of stress and responsibility with little support and extremely physically and mentally fatigued when afforded any available downtime.


Exec 1 approached exec 2 voicing concern regarding the financial survivorship of the dying parent and their affairs post death as the surviving parent had dementia.


Exec 2 hitherto having trust in exec 1 and having no time to consult independently agreed that something must be done but no defintive plan was agreed and no written consent was given


Exec 1 proceeded to remove the bulk of the dying parents financial estate from their bank 6 days prior to their death in Feb 2016, it can only be presumed that a member of the bank took sympathy on the crisis and allowed the money to be removed without legal signatures, unless exec 1 coerced the dying parent into releasing the funds by signature which would have been very suspect as they were mentally incapacitated at the time.


exec 2 continued to provide care for the survivng parent post funeral etc until they reached burnout later that year upon when they asked for a break and left for a long holiday.


Upon which exec 1 approached the solicitor involved in the estate and closed all accounts of the deceased and signed a document of authority with the solicitor whilst exec 2 was out of the country uninformed and having not provided consent.


exec 2 approached the solicitor upon return enquiring as to events in their absence and was told that the solicitor "would not take instruction from both parties seperately" and was proceeding with instruction from exec 1.


Upon contacting legal aid exec 2 was informed that there was no legal support for probate cases.


Exec 2 proceeded to watch exec 1 totally renovate the family home and upgrade their car in the following years whilst being aware that exec 1 had full access to the surviving parents pension, share dividends, and widows pension.



Having been approached by exec 2 several times looking for transparency the solicitor for the estate is now aggressively looking to conclude probate and has presented exec 2 with a form from the deceased parents bank to sign off on a dormant account.


the solicitor had again instructed exec 1 to engage an accountant to arrange returns for revenue in connection with the account and when exec 2 asked both the solicitor and exec 1 to provide contact information regarding the accountant so that exec2 could query the information involved neither was forthcoming.


exec 2 does not know best how to proceed and has been exasperated when they have sought independent legal advice as there does not seem to be a clear instruction to them of what recourse they have available and they wonder is it a case that solicitors will not divulge their approach until being engaged for services.


AS exec 2 is unemployed they are understandibly nervous as to the uncertainty of taking a private case without a clearer understanding of the likely outcome.



Any constructive, non judgemental , experience or insight is greatly appreciated and knowledge of the foremost authorities in this branch of law would be particularly welcome.

Dublin Lad2021

random voice wrote: »

2 executors of a will of a deceased parent


for purposes of this conversation, executor 1 is the perpetrator , executor 2 is the injured party



Executor 2 was assisting in providing palliative care for ailing parent who had a protracted and traumatic death whilst also providing care and constant supervision for surviving parent who has advanced dementia and was in essence at risk of escaping from family home perpetually.


Exec 2 was under an incredible amount of stress and responsibility with little support and extremely physically and mentally fatigued when afforded any available downtime.


Exec 1 approached exec 2 voicing concern regarding the financial survivorship of the dying parent and their affairs post death as the surviving parent had dementia.


Exec 2 hitherto having trust in exec 1 and having no time to consult independently agreed that something must be done but no defintive plan was agreed and no written consent was given


Exec 1 proceeded to remove the bulk of the dying parents financial estate from their bank 6 days prior to their death in Feb 2016, it can only be presumed that a member of the bank took sympathy on the crisis and allowed the money to be removed without legal signatures, unless exec 1 coerced the dying parent into releasing the funds by signature which would have been very suspect as they were mentally incapacitated at the time.


exec 2 continued to provide care for the survivng parent post funeral etc until they reached burnout later that year upon when they asked for a break and left for a long holiday.


Upon which exec 1 approached the solicitor involved in the estate and closed all accounts of the deceased and signed a document of authority with the solicitor whilst exec 2 was out of the country uninformed and having not provided consent.


exec 2 approached the solicitor upon return enquiring as to events in their absence and was told that the solicitor "would not take instruction from both parties seperately" and was proceeding with instruction from exec 1.


Upon contacting legal aid exec 2 was informed that there was no legal support for probate cases.


Exec 2 proceeded to watch exec 1 totally renovate the family home and upgrade their car in the following years whilst being aware that exec 1 had full access to the surviving parents pension, share dividends, and widows pension.



Having been approached by exec 2 several times looking for transparency the solicitor for the estate is now aggressively looking to conclude probate and has presented exec 2 with a form from the deceased parents bank to sign off on a dormant account.


the solicitor had again instructed exec 1 to engage an accountant to arrange returns for revenue in connection with the account and when exec 2 asked both the solicitor and exec 1 to provide contact information regarding the accountant so that exec2 could query the information involved neither was forthcoming.


exec 2 does not know best how to proceed and has been exasperated when they have sought independent legal advice as there does not seem to be a clear instruction to them of what recourse they have available and they wonder is it a case that solicitors will not divulge their approach until being engaged for services.


AS exec 2 is unemployed they are understandibly nervous as to the uncertainty of taking a private case without a clearer understanding of the likely outcome.



Any constructive, non judgemental , experience or insight is greatly appreciated and knowledge of the foremost authorities in this branch of law would be particularly welcome.

I'm not a lawyer by any means, does sound like something has gone wrong here and should not have been allowed to do so.
There is free legal advice perhaps exec 2 can qualify for as well as seeking out any no win no fee law firms that may be willing to take on the case

sheesh

get legal advice from a different solicitor do it now before all the money is spent question the legality of withdrawal, contact the bank for financial records.

It sounds like financial/ elderly abuse which is illegal

Also contact the doctor get medical records as executer they are entitled to them I'm not sure if it is 12 months after death.