Help! Executors problem with beneficiary

[dawnielou69]

Hi,

I am hoping someone can help us with a problem we have. My mother in law died recently and in her Will made my husband (who is the eldest son) an Executor along with his sister. There are two other sons who are also beneficiaries. Unfortunately, one of the brother's is quite abusive and we think intimidating the sister. He is hostile to my husband who within the last 10 days has registered the death, arranged the funeral along with his sister (the others were invited to participate but refused) - we buried her on Monday.

Now it appears that the sister is being intimidated in to giving information about what is going on and being told what to say and do. So while at the beginning the Executors were in agreement about what was going to happen, it now seems that the sister is starting to drag her heels to please the brother. My husband is making an appointment with the banks this next week to sort out the finances and she has agreed to go with him to that, but will not commit to arranging a date where they can all meet at the house and make an inventory of what is there and divide their parents. possessions up fairly. The troublesome brother still has keys to the house and is seen going there regularly which is also worrying as he will not agree a date with my husband so the 4 of them can all get together.

My husband is going to ring the Solicitor on Monday morning to get some advice as he does not need the hassle along with his grief. The brother has sent a nasty message today saying how he is going to challenge my husband as an Executor (and this is before the house is up for sale). My husband is hurt and bewildered by this behaviour. My mother in law knew that she could trust my husband to follow her wishes to the letter and would make sure everything was done fairly so why is his brother being like this? Do Executors have to ask beneficiaries permission on everything or can they act in their best interest?

Please give me some advice so I can try and comfort my husband until he can contact the Solicitor on Monday,

[stevemLS]

Re: Help! Executors problem with beneficiary

Sorry for your loss.

The direct answer to your question is no, Executors do not need to consult beneficiaries unless the terms of the Will expressly require them to.

In the absence of evidence that an Executor is acting improperly or neglecting their duties, they cannot be "challenged" in their status.

They will need Probate first though - have they applied for that?

The world (and this forum) is littered with examples of how unpleasant family members can be when squabbling over their deceased relative's cash and property - it is very sad.

[dawnielou69]

Re: Help! Executors problem with beneficiary

Thanks Steve.

Yes he has applied for probate and is doing everything by the book, so I don't think the brother will have a leg to stand on - no the will stipulates only who the Executors are. It is indeed sad as still very raw but already trouble starting. Husband is going to ignore infighting and just get on with executing his mum's wishes.

[des8]

Re: Help! Executors problem with beneficiary

Hi and Welcome to Legalbeagles.
Sorry to hear that at such a sad and stressful time you're encountering the problems that many meet.
Family dissension at these times is not unusual and I can only think charitably that grief makes people act out of character and become upset, especially if they have not been chosen as an executor and feel slighted.

As joint executor your husband is jointly responsible for administering the estate.
The executors have to identify and locate and obtain valuations of all the estates assets .
The same needs to be done for debts, and gifts.
The executors also have to secure and make safe all assets. That means ensuring that any unoccupied premises are made secure, valuables removed and the insurance company informed.
Once that is done all assets are frozen until a Grant of Probate is obtained.
As there is more than one Executor, each has joint and several liability, which means that the act of one is binding on the other and one can be made to pay the liability, leaving him to claim a contribution from the other.

I'm afraid this means that if his sister is being unduly influenced by the other brother, and gives him permission to do something (like access the property and remove items) which is against the interest of another beneficiary, the beneficiary that loses out might be able to obtain redress from your husband.
If the brother is acting without permission, and removing items from the house he is possibly stealing from the estate

Although I would agree that it is generally more becoming for the siblings to agree on the division of the estate, always following the terms of the will, the executors are the responsible persons.

If your husband really does not want to be involved he can renounce his position altogether, before he becomes involved in the administration.
This would mean he will have no control over the administration of the estate.
He could alternatively appoint a solicitor to act on his behalf.
If he goes down this avenue do appreciate that he will need to sort out matters with his sister as the relationship executor/solicitor is personal to the Executor. In very rare cases, usually where Executors disagree with each other about how to proceed, or whether to proceed at all, a matter cannot move forward to the Grant of Probate, and so the Executors legal fees cannot be reimbursed out of the estate. Where this is the case the Executor will be personally liable to pay the legal fees, and cannot reimburse himself until Grant of Probate is issued. It is therefore absolutely critical that before he accepts the office of Executor he is in agreement with his sister co-Executor of how they wish to proceed.

I wouldn't worry about the threat of a challenge. This is far from simple to bring, as the brother will have to prove to the court that your husband has seriously misbehaved in one of the following ways:
1. DisqualificationHe has become disqualified since appointment by the deceased, i.e. he has been convicted of a crime and sent to jail.
2. IncapabilityHe is incapable of performing his executor duties. For example, he has a physical or mental disability (albeit permanent or temporary), which is preventing him from performing his duties.
3. UnsuitabilityHe is unsuitable for the position due to either a conflict of interest or serious misconduct. The misconduct would have to be so serious that it affects badly the estate (e.g. stealing from the estate, not keeping proper accounting records, not obeying a court order, or mismanaging the estate).
Misconduct can be difficult to prove. If the beneficiaries feel that he has been rude to them or does not provide them with sufficient information, then this is not enough for a court to remove him.

There is nothing to be done until seeing the solicitor (other than perhaps discussing the matter with his sister) so tell your hubby to relax and enjoy the rest of the weekend.

[ostell]

Re: Help! Executors problem with beneficiary

If the brother has access to the house suspect that items are being taken. Change the lock at the earliest opportunity. If it's a yale typelock then its a couple of pounds for a new barrel and 1/2 an hour at the most to fit.

[stevemLS]

Re: Help! Executors problem with beneficiary

Dawn, it seems to me that your husband is adopting entirely the correct approach. Appreciate this offers nothing much but wanted to give you a bit of reassurance.

Des is perfectly correct, but perhaps offers a little more detail than you need at the moment.

Feel free to ask any further questions.

Best wishes.

Steve

[righty]

Re: Help! Executors problem with beneficiary

If the brother has access to the house suspect that items are being taken. Change the lock at the earliest opportunity. If it's a yale typelock then its a couple of pounds for a new barrel and 1/2 an hour at the most to fit.

After changing the locks its important that the brother be advised asap and that he's barred from entering whilst the estate is being administered. He should also be told to account for any items he may have already taken

[des8]

Re: Help! Executors problem with beneficiary

....... but do bear in mind the sister who is being brow beaten has equal rights as executor, and may have given permission for other sibling to "keep an eye on the property" and take valuable items into "safe keeping".

The two executors need to be in agreement and work together.
Might be an idea for both to visit the solicitor so the solicitor can advise the sister of her responsibilities and give her the strength to stand up against the other sibling.

[dawnielou69]

Re: Help! Executors problem with beneficiary

Thanks for all your replies. Husband is somewhat relieved and is going to speak with his sister to try and reassure her that it must be the two of them together who administers the Estate and if they are unsure he is going to suggest they seek guidance from the Solicitor.

[dawnielou69]

Re: Help! Executors problem with beneficiary

Can I ask another question - until the Estate is settled who is responsible for paying all the bills is it the Executors? We have just found out the house is not insured so this has to be sorted, but who pays?

[des8]

Re: Help! Executors problem with beneficiary

The executors cannot use the assets of the estate until probate is granted, although banks will normally meet funeral expenses from the deceased's account (if there is sufficient available).
This means executors have to cover the costs themselves until probate is granted and they can present their costs to the estate for reimbursement.