owl68   10 #1 Posted September 8, 2009 My dad died recently and i think my brother is trying to cheat me out of my inheritance. My dad died in hospital after a long illness and the first i heard of it was when i got a phonecall from my brother saying he had died and telling me where and when the funeral was. After the funeral my brother told me there was barely enough money to cover the bills and funeral expenses and not to expect much. He said he would contact me when he had dealt with the estate. I was suspicious because dad had spent at least a year out of the last three years in hospital and he could hardly walk. He was 84 and i couldn't see how he had spent his pension of £900 per month + the money he had been left when my mum died. I went to his bank and asked to see statements, they were very helpful and gave me a printout showing a final balance of only £2000 but they said he had a habit of saving for a few months then writing cheques to himself and paying them into another bank(Barclays) I followed the trail to Barclays but they would only tell me that he had an account which my brother had closed and withdrawn everything. They refused to say how much was in there. My brother told me the will left everything to my mum, but she died ten years ago.  The next thing is the house. It was an ex council house which i had always been told my brother had bought. But when i checked with the land registry i found my dad is listed as the owner. If my brother told the truth about the will then surely i am entitled to half the house?  As you can see my brother has completely taken over and arranged everything. I urgently need to know how much was in the Barclays account and if there are any more accounts that i don't know about. My brother refuses to discuss it. Before the funeral i had not seen or heard from him for five years, we have never got on and i don't trust him at all. I get the feeling he knows everything and i know nothing. Can anyone offer any advice?  Thanks Share this post Link to post Share on other sites Share this content via...
sTaGeWaLkEr   10 #2 Posted September 8, 2009 I'd suggest that you get yourself a solicitor. Immediately. Share this post Link to post Share on other sites Share this content via...
SpikeyHead   10 #3 Posted September 8, 2009 When my dad dies i hope the last thing im worried about is money. Sorry to be blunt but youve just lost your dad, let the scroat have the money. Karma will catch up with him in the end. Share this post Link to post Share on other sites Share this content via...
kenny.gray   10 #4 Posted September 8, 2009 what a pathetic reply,get a death certificate and your proof of identity make an appointment to see the person in charge at barclays of deceased persons accounts.you have a right to this information.your brother must be the executor of this estate if there is no will and he should act on your behalf in a fair and even manner.you should get legal help A.S.A.P.he as no rights to deny you any inheritance whatever the cicumstances. Share this post Link to post Share on other sites Share this content via...
HeadingNorth   11 #5 Posted September 8, 2009 your brother must be the executor of this estate if there is no will and he should act on your behalf in a fair and even manner.   The second half, absolutely; but if there is no will, does not the OP have at least equal right to be an executor? I don't know on what grounds his brother can justify having taken any action at all, without consultation.  Certainly, a solicitor is needed, and the sooner the better. The longer it takes to confront the problem, the more likely it is that the money will have vanished, and it won't matter what legal decision is made. Share this post Link to post Share on other sites Share this content via...
kmurray_uk   10 #6 Posted September 8, 2009 I echo everyone - get a solicitor. I use Ashton Morton Slack for all my clients probate stuff - I can get you a free consultation with someone there, just ask. If there is no will, then your father's estate should go through the laws of intestacy. No money should ijn theory be passed to your brother without a grant of probate, although banks don't always follow this. However he would be breaking the law were he to keep any monies to himself & not follow the intestacy laws which would give you equal entitlement to your brother if your both fully blood related. I am not a legal expert though - so speak to a solicitor you trust. My step mother passed away recently & unfortunately probate & funeral expenses etc do take up a few grand so he may not be trying it on. However, I would not leave it to chance. Good luck! Share this post Link to post Share on other sites Share this content via...
owl68 Â Â 10 #7 Posted September 8, 2009 Thanks everyone. I never expected so many replies in such a short time. I have made an appointment to see a solicitor and i will try a different branch of Barclays. My brother closed the accounts and arranged the funeral within a week of my dads death. I heard this probate stuff takes up to eight weeks so i don't know how he did everything so quickly. When i phoned the probate office they said if no executor is named in a will either me or my brother can apply to be the administrator, he just happened to get there first. But i don't understand how it got it so fast. Hopefully the solicitor can clarify the situation. Share this post Link to post Share on other sites Share this content via...
Dozy   11 #8 Posted September 8, 2009 Thanks everyone. I never expected so many replies in such a short time. I have made an appointment to see a solicitor and i will try a different branch of Barclays. My brother closed the accounts and arranged the funeral within a week of my dads death. I heard this probate stuff takes up to eight weeks so i don't know how he did everything so quickly. When i phoned the probate office they said if no executor is named in a will either me or my brother can apply to be the administrator, he just happened to get there first. But i don't understand how it got it so fast. Hopefully the solicitor can clarify the situation.  If the estate is under a certain value (£125,000, possibly) you don't need to get probate. Share this post Link to post Share on other sites Share this content via...
owl68   10 #9 Posted September 8, 2009 The house is valued at £220,000 Share this post Link to post Share on other sites Share this content via...
SpikeyHead   10 #10 Posted September 8, 2009 what a pathetic reply,get a death certificate and your proof of identity make an appointment to see the person in charge at barclays of deceased persons accounts.you have a right to this information.your brother must be the executor of this estate if there is no will and he should act on your behalf in a fair and even manner.you should get legal help A.S.A.P.he as no rights to deny you any inheritance whatever the cicumstances.  Then read it until you understand it:rolleyes: Share this post Link to post Share on other sites Share this content via...
GrannyGranny   10 #11 Posted September 8, 2009 (edited) If your brother has transferred the funds there will be a trail.  If the will is out of date your Dad's estate will go equally to you and your brother.  Did your Dad sign a power of attorney?  I don't understand that you hadn't seen your brother in 5 years yet he told you that your Dad had died. Had you visited your Dad recently?  I'm sure your solicitor will give you the correct advice. Edited September 8, 2009 by GrannyGranny Share this post Link to post Share on other sites Share this content via...
Max Power   10 #12 Posted September 8, 2009 Everything Granny said and ignore spikeyhead, he's a dick. Share this post Link to post Share on other sites Share this content via...