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Probate question signing off accounts

Discussion in 'General Discussion' started by Slam62, 29 Oct 2021.

  1. Slam62

    Sgarrista

    Joined: 3 Jan 2006

    Posts: 8,780

    Location: Monaco

    I know computer forum etc, however some of you lot have experience of these things and may help.

    Basically I am joint executor of my parents estate, the other executor has insisted on handling everything and kept me out of everything they can.
    They have distributed 99% of the estate and have now sent me the final accounts to sign off. I don't feel I can do this as I have not been given sufficient information to be sure they are correct (they look like they could well be). What are the implications here if I don't sign?

    Thanks in advance
     
  2. dLockers

    Sgarrista

    Joined: 21 Jan 2010

    Posts: 9,065

    Ask your sis?
     
  3. Philtor

    Soldato

    Joined: 20 Nov 2009

    Posts: 5,920

    Ask for a full audit trail and then take it to a solicitor before you sign anything. Do not sign anything until you have done so. This is not legal advice by the way, but good advice :)
     
  4. Mrs Seabiscuit

    Mobster

    Joined: 21 Sep 2008

    Posts: 4,341

    Location: somewhere out there!

    I think it depends how its been set up, i believe you can do it either way. Either executr can do it or set it where they have to have consent of all executors.
     
  5. Pipe & Slippers

    Wise Guy

    Joined: 4 Jan 2004

    Posts: 1,168

    Location: Finally, Swindon

    If I wasn't happy with it, I wouldn't sign it off. No one can force you to. What they gonna do? Sue you? Lol
     
  6. Slam62

    Sgarrista

    Joined: 3 Jan 2006

    Posts: 8,780

    Location: Monaco

    Thanks guys, that was my gut feeling. I can see this going on for a long time.
     
  7. dowie

    Capo Crimine

    Joined: 29 Jan 2008

    Posts: 54,116

    I think you really should have sorted this before when you had more leverage etc.. But yeah, you don’t need to sign if you’re not in a position to be able to honestly do so.
     
  8. Slam62

    Sgarrista

    Joined: 3 Jan 2006

    Posts: 8,780

    Location: Monaco

    I thought it was all sorted, I half thought that the final accounts would have to be signed, but basically some more money has appeared and she's using it as sweetener to get me to sign off the accounts. She sent a rather nasty covering letter.
    Unfortunately I'm happy for it to sit in her account or wherever it is. I really just don't have any confidence in the accounts and would feel very uncomfortable putting a signature to them.

    By the way, one of the nasty tricks she has performed is to get my parents ashes buried at a small memorial without telling me. Which in my book is about as low as you can stoop. It all beggars belief she is not the person I thought she was.
     
  9. Slam62

    Sgarrista

    Joined: 3 Jan 2006

    Posts: 8,780

    Location: Monaco

    In all honesty I just want to move on and the easiest way would be to sign them off.
     
  10. darael

    Mobster

    Joined: 10 Jul 2010

    Posts: 4,998

    It might well be easiest route out, but is it the right one? From what you have said in this thread alone, it isn't the right choice and you just want to move on. But then your sister gets away with whatever she has done, which would never sit right with me and I would constantly regret not changing things when having had the opportunity to do so.

    If nothing else, do right by your parents and do things properly. Isn't that what they would have wanted?
     
  11. hux

    Mobster

    Joined: 9 Dec 2009

    Posts: 2,633

    Location: Dogbin

    As you have learned, when it comes to money, siblings are the worst.
    My brother tried pulling this stunt, becoming lpa whilst trying to sell the house I half own.
    Turns out he nearly got done for fraud, after spending tens of thousands.
    Her account is riddled with ebay, paypal and amazon transactions.

    Social very sheepishly phoned me, after realising the monumental balls up they've made.
    All I need to do is argue the extortionate valuation, but I have them up against the wall on that one.

    Guess what I'm saying is request everything, go through and question it all.
    More than likely she's pulled a fast one, then request a meeting with a probate specialist.
    The first meeting is usually free.
    I'm willing to bet, you'll be shocked at what you'll find.
     
  12. a1ex2001

    Capodecina

    Joined: 14 Mar 2005

    Posts: 14,759

    Location: Here and There...

    Are you happy with the financial settlement you have received? And do you really care if she has taken a chunk extra she wasn’t entitled to? If you happy and you just want closure and are not the type to spend the next 10 years worry about it sign it off and walk away. Otherwise I guess you’ve got 2 options 1) ask for more of this ‘final bit of money she has found’ if she is willing to give you more than your share then you can guarantee she has taken more elsewhere then 2) as for a full audit trail and lawyer up but be prepared for a long an expensive process that could potentially leave you worse off. You could just skip 1 but it is a decent way of working out where you stand. It never ceases to amaze me how people get really silly when there is a few quid to fight over (not you op)
     
  13. koolpc

    Capodecina

    Joined: 2 Dec 2004

    Posts: 12,753

    Location: Under The Desk, Wales

    I think you owe it to your parents memory at the very least to make sure things have been carried out accordingly...

    Seek professional advice..
     
  14. Slam62

    Sgarrista

    Joined: 3 Jan 2006

    Posts: 8,780

    Location: Monaco

    It's not really about the money now, it's about the time she had power of attorney and where the money was.
    I just don't like the way she will only ever share a copy of statements etc and never gives me direct access.
    Also some of the account statements have part of the name blanked out and her house as the address, others have my parents flat.
    I really think nothing much has gone on but don't understand why she doesn't just come clean. She also becomes aggressive when pushed.

    I keep thinking if I sign it it will just go away, but having spent 40 years approving safety critical designs I find it hard to sign anything I'm not certain is OK.
    So I'm not going to sign it until I get some fairly straightforward answers. I am not going to go down the legal route as I don't think that would help.
    In the meantime I'm going to put it on the back burner and forget about it until she shows genuine cooperation.
     
  15. potatolord

    Wise Guy

    Joined: 21 Jan 2010

    Posts: 1,414

    The golden rule is: never sign anything you don't understand.

    That goes double if they are putting you under pressure to sign.
     
  16. koolpc

    Capodecina

    Joined: 2 Dec 2004

    Posts: 12,753

    Location: Under The Desk, Wales

    Seems to me she has something to hide.
     
  17. wonko

    Wise Guy

    Joined: 21 Jul 2008

    Posts: 1,524

    Location: Outside the asylum

    I woudn't sign them either without being able to check the accounts properly. If you discovered anything seriously untoward in the future then it could make it harder to pursue, and if anyone else discovered something (e.g. another beneficiary or HMRC) then you could be seen as complicit.

    When I took the lead as a jointly named executor, one of the first steps was to get my co-executors to sign a declaration that they were taking 'power reserved' status - otherwise we would all have had to sign every form and document. Unless you took 'power reserved' status, it begs the question of how she managed to deal with the probate office, banks, pensions, solicitors, etc. without your involvement.
     
  18. Slam62

    Sgarrista

    Joined: 3 Jan 2006

    Posts: 8,780

    Location: Monaco

    She has at best been economical with the truth, it has shocked me how the banks just gave her unfettered access without requesting to see the wills and contacting me.
    The solicitors selling the flat on the other hand insisted on copies of the wills and treated us both accordingly.

    Basically I'm pretty sure she lied at a few points on the way. She went behind my back several times with the estate agent who definitely wasn't particularly ethical.
     
  19. booyaka

    Capodecina

    Joined: 19 Jan 2006

    Posts: 14,270

    Having seen this all too often over a long number of years dealing with estates/money etc - As soon as money is involved, all family love/bonds/ties goes out the window.

    Get some proper professional advice (the solicitor selling the flat might be a good starting point) - But ultimately you've seen the person for what they really are....