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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32980
Experience:  Award winning lawyer with over 15 years experience
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My brother is joint executor with me for our mothers estate

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My brother is joint executor with me for our mother's estate and from the day mum died he has been aggressive and abusive and has falsely accused me of manipulating Mum's bank accounts. He insisted that all items in the house be valued and that if anyone wanted anything from the estate they should purchase it - we are both beneficiaries as are two other brothers. Initially he provided a list of the items he has taken as have each of us but when I went to Mum's house 2 days ago I noticed that he has removed all remaining items of value. I have asked him to confirm that he has taken them and to provide a list and just got a load of abuse. What action can I take to ensure that all beneficieries are treated fairly.
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I would certainly suggest that you write to him formally to seek details about the items taken and their value. If this does not work then I would be minded to get a solicitor to write to him to put him on notice that you are taking things very seriously. You can also threaten court proceedings.

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Customer: replied 3 years ago.

What will happen if I go to court proceedings

You would be seeking to remove him as an executor -but there are no guarantees that the court would allow same - but it might be a sufficient threat to bring him back in line

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Customer: replied 3 years ago.

What is the likelihood that I would be successful and what kind of costs would I be looking at

These things can be very expensive - hence the threat is often enough to bring someone back in line. It rather depends on the court, but sadly there are no guarantees in such things..
Customer: replied 3 years ago.

Will costs for action such as this be taken from the estate or would I have to pay individually, and are we talking about tens of thousands or hundreds of thousands!

Probably potentially ten thousand plus and can also be taken from the estate
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Customer: replied 3 years ago.

OK thanks. I will probably do nothing and hope for a quick sale of the house and an end to all this unpleasantness, but I find it difficult to accept that someone can be so offensive and little can be done about it to protect myself.

I would not recommend actual court action - but the threat and a solicitor's letter is often sufficient to bring someone back into line, so to speak.

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