executor problems

[Philwowo]

Hi there I'm new to this site!
I've got an issue with my brother who is an executor of my late mothers will!
It has taken him what seems like forever to get him to sign for things and as things are coming to an end now, he has severed all contact with the solicitor!
We have a buyer for the house and all the shares and savings has come back to the solicitor and sitting in their account.
He is not responding to phone calls or letters and he is not contributing to the upkeep of the house he is to inherit 1/3 of!
So basically I'm looking for any advice as my solicitor says there is nothing we can do, as they are happy as they have around 150G sitting in their account!
Any advice would be great thanks.

[leclerc]

Re: executor problems

Hi there I'm new to this site!
I've got an issue with my brother who is an executor of my late mothers will!
It has taken him what seems like forever to get him to sign for things and as things are coming to an end now, he has severed all contact with the solicitor!
We have a buyer for the house and all the shares and savings has come back to the solicitor and sitting in their account.
He is not responding to phone calls or letters and he is not contributing to the upkeep of the house he is to inherit 1/3 of!
So basically I'm looking for any advice as my solicitor says there is nothing we can do, as they are happy as they have around 150G sitting in their account!
Any advice would be great thanks.

To be honest, he is also losing out since the longer he sits on things then the longer the matter will drag out and the less money he will have since technically, the estate will have to pay for the upkeep of the house since the house is part of the estate. You do not have to pay for the upkeep since if the monies from the estate have not been distributed then the house forms part of that and that £150K should be being used for it's upkeep until the buyer has signed the dotted line.

[Philwowo]

Re: executor problems

He doesn't care as he has plenty of money! So if you've got any other advice that would be great!
there must be something I could do as he may never sign in his life time!

[enquirer]

Re: executor problems

leclerc is right - point out to him that his inheritance is diminishing due to his inactivity. If you are minded to, you might even point out to him that due to his inefficiency, yours is too, and that might leave him open to litigation.

The solicitor is wrong when he says there is nothing you can do. If necessary, B can be forced by the court to conclude this matter. If your current solicitor continues to be afflicted by this mysterious inertia, get another one to pursue it separately.

[Philwowo]

Re: executor problems

I think it'll have to court the way things are going as there is no getting through to him! Because we have contributed almost a £1000 of our own money to pay bills that were outstanding when it went to probit, and the solicitor said I can't even be reimbursed for them, I've paid out of my own pocket when he hasn't reached into his once.

[charitynjw]

Re: executor problems

I believe that you can go to the Probate Court to have an executor removed in some circumstances.

[enaid]

Re: executor problems

Failure to carry out the legal duties and procedures can result in an executor being personally liable to the estate – for instance:

• Failing to safeguard assets, for example neglecting to take necessary action to preserve the value of a property.
• Misappropriation of assets: where for example an executor uses an asset of the estate for his own use rather than for the benefit of the estate.
• Failing to submit tax returns correctly within the statutory timescales or with the correct information and supporting paperwork.
• Paying the wrong people, or paying the right people but the wrong amount.
• Paying money to bankrupts rather than their trustee in bankruptcy

[Philwowo]

Re: executor problems

I'm gonna get on to my solicitor tomorrow! Cheers for the info I'll keep you guys updated

[Streetwise]

Re: executor problems

Speak to your brother being an Executor is not an easy job.:beagle:

[Philwowo]

Re: executor problems

I know it's not easy but I have done every thing as he would have just left for the foreseeable future.

[Philwowo]

Re: executor problems

Just got off the phone with my solicitor and he has said he'll send a letter urging him to sign the sign off document, but is still adamant that there is not a lot we can do but wait for him to sign even if it takes years. But I'm putting a document together to take to another solicitor about the way he has conducted himself as a executor as he still won't remove a his vehicle from garage and won't remove his grandfather clock that he inherited from his father over 3 years ago. Cheers for all the help I'll keep you guys updated.

[charitynjw]

Re: executor problems

I believe that, if it appears that an executor is unsuitable or isn't carrying out their duties, an application can be made to the High Court with view to removing him/her.
However, it is best to get specialist advice on this. (ie Probate Registrar, experienced probate solicitor, etc)

[Philwowo]

Re: executor problems

An update he received his 7day letter to return all the documents and to put in writing any grievances he has with the other 2 executors! So we will see what happens!

[Inca]

Re: executor problems

I'd also keep nagging your solicitor to do the job he is being engaged to do.