Executor of estate problems

[JoanneJolly]

Hi has anyone any experience of dealing with a very negligent executor who is devaluing an estate and running costs up unnecessarily and not providing accurate up to date accounts ? He appears to have paid senseless bills and left important ones such as HMRC inheritance tax bills and now not enough funds to pay this bill ?* He also litigates every small matter just to run up huge costs ? I have been told that trying to overthrough an executor is a difficult task ? but if he continues there will be no estate left to distribute ?

[des8]

You say he has failed to pay HMRC the IHT "and now not enough funds to pay this bill "
So presumably already there is no estate left to distribute (contrary to the impression given in your last sentence)
Also you state he has not provided up to date accounts (which he is not bound to do until completion) so how do you know there is no estate left and IHT hasn't yet been paid?

If you intend to apply to the court to have him replaced you need to write to him highlighting the issues of concern. This should be done in such a way that if necessary, at a later date, the letter can be relied on to demonstrate to the court that:
-the concerns were concisely raised, and were put to the executor at an early stage
-an opportunity was afforded to the executor to remedy to problem

It's essential to create an evidential trail, so that if matters need to be decided by the court or the Probate Registry, there is documentation to demonstrate all attempts to resolve matters in advance of embarking on legal proceedings.

[MrSandman]

It seems like someone's pulling your leg. If I were you, I would sue him to death. This is the only option. DES8 is right. Do as he said. I had a very same problem 2 years ago. I was a sales manager for 15 years and saved a lot of money. I've found villas for rent and had a great vacation. Then I came up with the idea to become a hotel owner myself and invested my savings in a new hotel. And then this problem appeared. Now the guy who tried to trick me owe me a lot of money. And he will pay it for a very long time.

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