is it legal to take money from someones account after they die and before probate?

Update:

in the uk.

13 Answers

Relevance
  • 7 months ago

    Part of the "probate" often involves getting a personal representative appointed by the court to administer the estate, including any open accounts.

  • 7 months ago

    It is normally legal for the person administering the estate (like an executor) to pay the bills of the deceased from the account(s) of the deceased, as needed.

  • 7 months ago

    I see you INTENTIONALLY hid most of your details in a comment to your own NONE answer. That leads me to believe you DON'T WANT informed answers.

    That said, Politically Correct gave the Best Answer you can expect here.

  • 7 months ago

    Depends on who you are and what it is for.

  • How do you think about the answers? You can sign in to vote the answer.
  • 7 months ago

    From your comment which is hard to find so I have copied it here:

    <<both parties were married, lady died and left her son her house from a former marriage, she also had bank accounts which he emptied and moved money to his accounts. leaving her husband with nothing. They were both executors but in the will only the house was left to him. What can my brother do>>

    I presume 'brother' is actually husband. Let's take this one step at a time (UK law):

    1. If deceased had a house titled in just her name and son was her sole heir, the house will pass to him through Probate if there is enough money in the estate to pay IHT and any other debts. Otherwise the house may need to be sold no matter what the will says because debts come before distributions under the terms of the will.

    2. Neither son nor husband were entitled to touch the deceased's bank accounts except those in joint names. So husband can continue to use a bank account that is in husband and deceased's joint names and son can use a bank account that is in son and deceased's joint names. This is a strategy that is often used to protect the estate during Probate. For example it can be used to allow utility bills to be paid.

    However, careful records need to be kept as that will be part of the estate. If son is on the bank account and has emptied it, that will come out of what he inherits since he was not entitled to any of it, (I am assuming that son did not put some of his own money into that bank account). Probate will protect husband as long as he has kept careful records because house will not be transferred to son unless this is cleaned up first.

    You have to wonder how son was able to transfer assets to another account. Both executors broke the law if they did not inform the bank of the death of the account holder.

    • Morningfox
      Lv 7
      7 months agoReport

      ... just being named (nominated) as executor in a will, doesn't automatically make you an executor. And just walking into a bank with a death certificate (presumably a valid one) doesn't make you the proper person to notify a bank.

  • 7 months ago

    The son's action with regards the bank accounts was illegal -- see a lawyer soonest.

    All the assets and debts of the estate have to be "gathered up" by the executors for probate purposes and can only be "distributed" -- according to the terms of the will -- after the grant of probate .

  • PAMELA
    Lv 7
    7 months ago

    Oh no, completly illlegal! that money belongs to no one untill the will is probated.

  • Tavy
    Lv 7
    7 months ago

    It is, All bills have to wait until probate is granted in the UK. Bank accounts are usually frozen.

  • 7 months ago

    the question is a bit more complicated but I don't seem to be able to get it to accept it

    • Nuff Sed
      Lv 7
      7 months agoReport

      If you want to add details, edit and update your question. Otherwise your fake "answer" will be flagged as a non-answer, deleted, and you get docked some points.

  • Only if you're the executor paying off debts and ongoing expenses.

Still have questions? Get your answers by asking now.