I have an issue with one of two executors of my uncles will.
Executor one was a friend of my uncle, the other executor is my father (executor 2).
I am a creditor of the estate.
My uncle died 3 years ago and his relatively simple estate (around 500K including a property) has not been finalised – probate was granted a year ago and house sale has been halted by executor one. There is money readily available in a bank account to which both executors have access (jointly) and have been using.
Executor one is dragging their heels and refuses to pay me my outstanding debt (some of which was incurred prior to my uncle’s death) and has made many excuses for why I should not be paid. The other executor (my father) has agreed I am to be paid and has confirmed all my invoices are in order and correct.
As a creditor of my uncle’s estate, the amount I am owed has increased as the administration is taking so long, as the two executors have not been able to agree on many issues.
I have sent letters of claim to both executors (and a solicitor who was dealing with the probate and some administration, for clarity this solicitor ignored my letters and emails about my claim, but they are not dealing with the estate any longer, just to two executors).
I have written another letter of claim recently to executor one, they replied and told me there isn’t enough money to pay me and they don’t think I should be reimbursed.
My father has confirmed to me that there is plenty of money available to pay me (and the other debts owed by the estate). Executor one has refused to pay other creditors too and falsely told them there is not enough money available to pay them until the estate has been administered. I understand this may sound confusing, but executor one’s understanding is poor (possibly intentionally so, as they are themselves are a solicitor).
I believe their intentions are not in the best interests of creditors nor beneficiaries.
This is just one example of this behaviour and could list many other situations that I believe they have not been acting properly as an executor.
I feel stuck and not sure what I can do to be reimbursed by the estate, can you help?
Executor one was a friend of my uncle, the other executor is my father (executor 2).
I am a creditor of the estate.
My uncle died 3 years ago and his relatively simple estate (around 500K including a property) has not been finalised – probate was granted a year ago and house sale has been halted by executor one. There is money readily available in a bank account to which both executors have access (jointly) and have been using.
Executor one is dragging their heels and refuses to pay me my outstanding debt (some of which was incurred prior to my uncle’s death) and has made many excuses for why I should not be paid. The other executor (my father) has agreed I am to be paid and has confirmed all my invoices are in order and correct.
As a creditor of my uncle’s estate, the amount I am owed has increased as the administration is taking so long, as the two executors have not been able to agree on many issues.
I have sent letters of claim to both executors (and a solicitor who was dealing with the probate and some administration, for clarity this solicitor ignored my letters and emails about my claim, but they are not dealing with the estate any longer, just to two executors).
I have written another letter of claim recently to executor one, they replied and told me there isn’t enough money to pay me and they don’t think I should be reimbursed.
My father has confirmed to me that there is plenty of money available to pay me (and the other debts owed by the estate). Executor one has refused to pay other creditors too and falsely told them there is not enough money available to pay them until the estate has been administered. I understand this may sound confusing, but executor one’s understanding is poor (possibly intentionally so, as they are themselves are a solicitor).
I believe their intentions are not in the best interests of creditors nor beneficiaries.
This is just one example of this behaviour and could list many other situations that I believe they have not been acting properly as an executor.
I feel stuck and not sure what I can do to be reimbursed by the estate, can you help?
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