Tweet
Removal of Executor
I really am asking this on behalf of a friend!
Story so far, as I understand it….
The mother died and left a will with two executors ( her daughter and son)
The father is already dead
The will provided for both as beneficiaries. I believe the estate to be fairly small ( less than £500,000), and is not complicated.
A couple of years have passed since the mothers death, and the estate has still not been settled
The daughter ( my friend ) is still distraught at the loss of her mother, and is having difficulty communicating with her brother over the estate.
The daughter tells me that she has been removed as co executor, as her brother says that she signed papers to relinquish her position as a co executor.
The daughter has no recollection of this, although she was extremely distressed when her mother first passed - perhaps she might have signed something then ???
The daughter tells me that her brother has now gone ahead on his own and Probate has been granted.
The daughter says she had no intention of giving up her role as executor, but her brother won’t discuss it, except to say she signed her rights away.
Her brother ( son of the deceased ) is seemingly leaving the deceaseds home to decay. She thinks because it’s value will drop and he can then afford to buy her out at a discounted price.
A separate piece of land is also part of the estate, and is currently used by the daughter, but her brother, the now sole executor, is trying to move his sister off the land so he can have it for himself.
Basically, the daughter says she is being frozen out of all dealings concerning the estate, and is getting no information from her brother about its progress.
To date she has spent £5k ( which she had to borrow) on legal advice, but got nowhere. At this point in time I am not privy to what advise she is referring to, but I will update this thread as soon as I find out.
She has also spoken to the police concerning coercion and emotional abuse she perceives is coming from her brother, but they have dismissed it as “a civil matter” and not taken it seriously ( in her words).
I realise that I only have the daughters side of the story.
My question is,
1. where does she start in order to get reinstated as an executor, bearing in mind she has absolutely no recollection of giving up that position in the first place
2. now that Probate has been granted, is it too late to be reinstated anyway?
3. If she can’t be reinstated, how can she hurry up the execution of the Will, and how can she be sure that her brother is acting appropriately
I believe her funds have dwindled to the point where she can not afford much in the way of further legal advice, and she is feeling emotionally drained and too weak to fight with her sibling, due to his alleged abuse.
Story so far, as I understand it….
The mother died and left a will with two executors ( her daughter and son)
The father is already dead
The will provided for both as beneficiaries. I believe the estate to be fairly small ( less than £500,000), and is not complicated.
A couple of years have passed since the mothers death, and the estate has still not been settled
The daughter ( my friend ) is still distraught at the loss of her mother, and is having difficulty communicating with her brother over the estate.
The daughter tells me that she has been removed as co executor, as her brother says that she signed papers to relinquish her position as a co executor.
The daughter has no recollection of this, although she was extremely distressed when her mother first passed - perhaps she might have signed something then ???
The daughter tells me that her brother has now gone ahead on his own and Probate has been granted.
The daughter says she had no intention of giving up her role as executor, but her brother won’t discuss it, except to say she signed her rights away.
Her brother ( son of the deceased ) is seemingly leaving the deceaseds home to decay. She thinks because it’s value will drop and he can then afford to buy her out at a discounted price.
A separate piece of land is also part of the estate, and is currently used by the daughter, but her brother, the now sole executor, is trying to move his sister off the land so he can have it for himself.
Basically, the daughter says she is being frozen out of all dealings concerning the estate, and is getting no information from her brother about its progress.
To date she has spent £5k ( which she had to borrow) on legal advice, but got nowhere. At this point in time I am not privy to what advise she is referring to, but I will update this thread as soon as I find out.
She has also spoken to the police concerning coercion and emotional abuse she perceives is coming from her brother, but they have dismissed it as “a civil matter” and not taken it seriously ( in her words).
I realise that I only have the daughters side of the story.
My question is,
1. where does she start in order to get reinstated as an executor, bearing in mind she has absolutely no recollection of giving up that position in the first place
2. now that Probate has been granted, is it too late to be reinstated anyway?
3. If she can’t be reinstated, how can she hurry up the execution of the Will, and how can she be sure that her brother is acting appropriately
I believe her funds have dwindled to the point where she can not afford much in the way of further legal advice, and she is feeling emotionally drained and too weak to fight with her sibling, due to his alleged abuse.
Comment