Querying Executors Expenses

[Xpatterdale]

My step brother is joint executor of his Mother's will, together with a solicitor who simply inherited the case file. He lives approximately 80 miles from his late mother's home. His sister lives in Venice.
As my step mother neared death, the daughter came over from Venice. She booked herself into an hotel. She arrived on the 16th and the death was on the night of 19th and the daughter was not present. Are that flight and the hotel costs are chargeable to the estate? The son says he commissioned his sister as his representative. There are other issue,s but lets deal with this first. I made enquiries of the solicitor who simply forwarded it on the the son, which I think was wrong of them thus causing friction. They seem to have just taken his word on expenses or otherwise surely they would be answering me?

[des8]

Re: Querying Executors Expenses

Hi and welcome.

The executors duties do not commence until the testator has passed away, so IMO it is stretching it a bit to include the daughter's flight and hotel fees up to the 19th in the executor's costs.
However did the mother request her daughter visit and agree to pay her fares etc prior to her passing.
If she did in that case the daughter could claim those costs from the estate as a creditor

Whilst an executor in the UK can appoint an attorney to assist I'm not positive he can appoint just anyone as an assistant

Tagging [MENTION=85500]Peridot[/MENTION]

[Peridot]

Re: Querying Executors Expenses

Hi Xpatterdale,

A sad situation for all. des8 makes a valid point regarding the flights and hotel costs. Technically the executor can't claim or authorise any expenses pre-death, however there may be instances when it would be appropriate, particularly if the offer had been made by your mum for instance, although there should really be evidence of the agreement.

You say your step brother claims that he requested his sister come over for mum? I'm not sure I understand what is meant by he asked her to be his representative?

The solicitors are the co-executors with your step brother, is that correct? So are the solicitors dealing with the estate or have they renounced to allow your step brother to deal alone?

Even if it was not agreed that the flight and hotel stay should be funded through your mum's estate, depending on the size of the estate, it may not be worth pursuing, bearing in mind the cost of doing so and the animosity it may cause between the family members.

As far as the solicitors forwarding the information to your step brother, was the solicitor you saw at the co-executor's firm? Generally, if solicitors are appointed as executors it is the firm that acts, not a named person so the fact the lawyer dealing may not have known your mum, is irrelevant, I'm afraid.

If they are the co-executors then it would be correct that they contact your step brother as the other executor, for his comments. If you want independent advice you would need to see an unrelated solicitor and then discuss what action you wish them to take whether that is writing to the executors or other action.

Once you are able to provide the further clarification, we may be able to point you in the right direction.