Issue with executor of will

[ramsbottom]

My mother passed away about 1 month ago and left all the contents of the house to her friend and 50/50 split on the house and any property (money)to me and the same friend. She granted her friend as the executor of the will

Immediately things went bad, I was told by her friend on the Thursday that my mother had died. I traveled up on Friday and the executor of the will denied my entry to my mothers property, even though I only wanted to chat about the arrangements. She just pretended not to be in and when I sent her a test message she called the police

The whole family have been completely locked out of any decisions, such as how much the house will be sold for, has probate started? What happens to sentimental stuff in the house? Such as ID, Photos, letters etc that belonged to my mother?

Also this woman is very calculated, whats to stop her selling the house to a friend for 25% of its worth and then buying it back a year latter. Hence she would then get 75% of the house?

Can I demand she keeps me in the loop? I know absolutely nothing currently and she will not answer calls or texts. She is currently living in the property and using the estate to pay bills and such stuff. Is this allowed? She could live there for two years before going to probate. Can I charge her rent for living in the property? After all you should only pay the creditors from the estate

Thanks for any help in this difficult period

[Amethyst]

Did your mothers friend live with your mother before her passing ? If so, do you know on what basis or for how long ?

des8

[des8]

Hi
Sorry to hear of your loss.

It's early days to thinking that the executor is acting improperly, but it might be worth a nice letter reminding her of an executor's duties to the beneficiaries, as well as offering condolences. I suggest a letter (keep a copy and get a free certificate of posting from the post office.. not signed for)
so if matters deteriorate you can show that she would have been aware of her responsibilities.

The executor's duties to beneficiaries are to administer the estate with due diligence and in accordance with the will’s terms.
This includes:
1)putting the interests of the beneficiaries before those of the executors;
2)acting reasonably and prudently in relation to the estate property;
3)taking all proper steps to protect the assets of the deceased;
4)selling the assets of the estate;
5)distributing the proceeds of the estate to the beneficiaries.

If she fails there are a number of courses of action, from applying for a court order that he provide an inventory and account in respect of the administration (relatively cheap) to having the executor removed and all stations in between.

Hopefully however none of that will prove to be necessary

[ramsbottom]

Did your mothers friend live with your mother before her passing ? If so, do you know on what basis or for how long ?

des8

Not officially as she rented in Cambridge and has put her Cambridge address down on the death certificate, which indecently I thought I had to sign

[ramsbottom]

Hi
Sorry to hear of your loss.

It's early days to thinking that the executor is acting improperly, but it might be worth a nice letter reminding her of an executor's duties to the beneficiaries, as well as offering condolences. I suggest a letter (keep a copy and get a free certificate of posting from the post office.. not signed for)
so if matters deteriorate you can show that she would have been aware of her responsibilities.

The executor's duties to beneficiaries are to administer the estate with due diligence and in accordance with the will’s terms.
This includes:
1)putting the interests of the beneficiaries before those of the executors;
2)acting reasonably and prudently in relation to the estate property;
3)taking all proper steps to protect the assets of the deceased;
4)selling the assets of the estate;
5)distributing the proceeds of the estate to the beneficiaries.

If she fails there are a number of courses of action, from applying for a court order that he provide an inventory and account in respect of the administration (relatively cheap) to having the executor removed and all stations in between.

Hopefully however none of that will prove to be necessary

Thanks for the advice. Would there be a template letter for this, as I am concerned that she will move from her house in Cambridge and move into my mums house and use the proceeds of the estate to pay the bills and delay for years in to going to probate?

Lets be honest, after she told me and I said I was coming up and her calling the police, it doesn't look good. Oh and BTW, we wasn't informed when the funeral was or invited to the wake, all 27 of us

[des8]

Sorry, but I know of no template for this situation, as it has to be quite personal.

Do be aware that it can take 3 to 6 months to obtain a grant of probate and up to a further 6 months to settle the estate

You could, besides pointing out her duties and responsibilities, mention that she has to deal with matters expeditiously and if she fails interest (after 12 months) becomes payable on legacies not distributed.

Regarding the friend's possibility of moving into your mother's house...... it all depends on the exact wording of the will as to whether she may or may not.
If you have a copy of the will it may be worthwhile seeking an initial consultation with a solicitor to seek a way forward

[ramsbottom]

Sorry, but I know of no template for this situation, as it has to be quite personal.

Do be aware that it can take 3 to 6 months to obtain a grant of probate and up to a further 6 months to settle the estate

You could, besides pointing out her duties and responsibilities, mention that she has to deal with matters expeditiously and if she fails interest (after 12 months) becomes payable on legacies not distributed.

Regarding the friend's possibility of moving into your mother's house...... it all depends on the exact wording of the will as to whether she may or may not.
If you have a copy of the will it may be worthwhile seeking an initial consultation with a solicitor to seek a way forward

Thanks, it is appreciated

She has already moved in but knowing that interest should be paid after 12 months is interesting. The will just says that all property apart from chattels?? Should be split 50/50 so I would have thought that means any money and the house is split 50/50 and she gets all the stuff in the house?

[des8]

The exact wording of the will is important and it is a brave person who comments without seeing it!
We have been caught out in the past

If you have a copy, could you post it up suitably redacted or send it to admin@legalbeagles.info with a link to this thread and a request that they sanitise it for you