Executor Doubts

[Azimuth]

I am a joint executor and beneficiary on a will. The other executor and beneficiary (my brother) was a trustee of the account of my stepfather as he was unfit to look after himself. As my stepfather was retired and on benefits the chap from DWP said it would be easier if the benefits were paid into my brother's account as he would be paying the nursing home -that's what i was told anyway. Now stepfather has passed on and my brother has told me that a while back he put some of the money into another account for safety so the money now showing on the "official" account is not the true amount left. He is now refusing to show me the account details and insists on leaving the money in the bank for 6 months in case of any debts. Probate wasn't applied for as the "official" money was only £10000. What are my options as he is been very vague and acts as if he has something to hide. I have a copy of the will and death certificate. Sorry for the long winded account.

[Old_Jim]

As joint executors, either you have to agree on everything or one of you has to retire and leave the other to get on with it. Your brother is acting illegally and could face prison. If you acquiesce in his crime, you could as well. Tell him straight that he can either cooperate with you and unscramble his dodgy dealings or you will go to the police.

[murraymints]

Hmmm..a person's benefits can't be paid into someone else's account !! Think your brother has told you porkies and has siphoned off dosh for himself !

[sandyRoe]

Murraymints, they can. My nephews benefits are paid into his mothers bank account. She's his 'agent'.

[murraymints]

Normally a person gains authority to act as agent and can withdraw from another's account on that basis, but money is paid into claimants account...

[murraymints]

In Scotland....anyway .....as I was agent for Fil with Alzheimer's....but money could be paid only into his account...

[sandyRoe]

The nephew suffered serious head injuries in an accident. Maybe that's why his mother is able to have the benefits paid into her account. I suppose his circumstances are unusual.

[murraymints]

If he was unable to agree to third party control then it may have been treated differently...

[black_cat51]

i thought you had to apply for probate with an estate of 10k

[ladybirder]

Under £15k now.

http://www.inheritancesolutions.co.uk/probate/can-i-avoid-probate.html

[woofgang]

executors MUST keep accounts and show them on request to interested parties. If he's hlding cash to avoid going to probate he is personally breaking the law.

[Azimuth]

Thank your for all your replies. It's caused me a couple of sleepless nights. Think I should contact DW

[Azimuth]

Sorry answer was cut short.....contact DWP and then a solicitor

[Azimuth]

Update: all turned out good. All money is now been dealt with through probate and everything is now transparent and accountable
Thank you for your helpful replies.

[murraymints]

Good stuff !

[Peter Pedant]

good well done

[themas]

Just to clear up the point about benefits being paid into someone else's account. If the request is made by the benefit claimant his/herself there is no difficulty about this being done. The problem only arises if the claimant is incapable of acting. DWP then need to investigate & make the person who is acting for the claimant an appointee. If that happens, the appointee is responsible for the money, which can be paid into his/her account.