Executor - breach of trust?

[MyfanwyCymru]

My fellow executor of my mother's estate, without my authority or knowledge, helped himself to estate funds (the residue of my mum's bank accounts). As a result creditors couldn't be paid & I was greatly hampered in my work as an exec. 18 months later, his solicitors got wise to this and asked him to place the money with them, claiming that this would be a 'neutral' place for it. I believe that it was a huge breach of trust to take the money, before probate was granted and while it was being used to administer the estate, and that his solicitors have done the wrong thing in taking this money, knowing that it originated in an executors' account (which, sadly, was single signatories). Still there are creditors and still there are demands on the account but they will not part with the money or indeed answer any letters on the subject, claiming that by doing so they would be breaching client confidentiality. I believe these actions to be fraudulent. While they are hanging onto the money, the administration cannot proceed properly. Any views?

[Finance Guy]

Myfanwy,

This sounds a very distressing situation for you and the only way that you will be able to be absolutely sure of your legal position is to seek legal advice for yourself.

Talk to as solicitor that is independant of the estate / probate handling and the co-executor, for absolute impartiality.

You may qualify for legal aid, ensure you first see a legal aid soliciitor - search someone like www.yell.com for solicitors in your local area that specialise in 'family law' or / and probate matters.

Good luck to you

[MyfanwyCymru]

Thank you, Finance Guy. Having spoken to a solicitor, I am now going to take this matter further. Theft from an estate is just that, theft and I'll be taking appropriate action. If the powers that be ignore this fraud, from what is admittedly a modest estate, well, they might as well ditch the law pertaining to the administration of estates altogether. Thanks again. Wise words.