Problems with Co-Executor/Solicitor

[simlaboy]

I am co-executor of my late mother's estate with my sister (we are not on good terms) and she was also estranged from my mother before her death.

I have a debt listed on probate, for which I have all necessary receipts etc. However, my sister has disputed this money - but not given a reason or any proof - and my solicitor has given her express permission to sign off any payments from the executor's account. She is now withholding the payment of my debt and my solicitor does not seem to be able to do anything about it. Advice please, would be much appreciated.

[des8]

Re: Problems with Co-Executor/Solicitor

Hi and welcome
Sorry to hear of your bereavement and now the problems with settling the estate.

Presumably your sister has control of the estates assets.
You might be able to obtain a court order to force your sister to settle your debt or possibly
as a creditor of the estate you might be able to sue the estate for payment of your debt.

anyone else got ideas?

[charitynjw]

Re: Problems with Co-Executor/Solicitor

Condolences on your loss.

This may be useful:

http://www.lawpack.co.uk/probate/art...rticle7435.asp

[simlaboy]

Re: Problems with Co-Executor/Solicitor

Thanks for replies, she signed probate and the debt was listed for probate purposes. She has informed our solicitor that my expenses and a payment mum made to me for work on a investment property are in dispute and will not be paid without her express consent.

[charitynjw]

Re: Problems with Co-Executor/Solicitor

Could you put the disputed amount int an escrow account which requires the signatures (& therefore the agreement) of both of you in order to release the funds?

[simlaboy]

Re: Problems with Co-Executor/Solicitor

Thanks, will speak to solicitors about setting aside amount in dispute. Spoke to solicitor today and he said that she is disputing the undisputable. What I can't understand is why expensive listed and cleared for probate can't be paid?

[simlaboy]

Re: Problems with Co-Executor/Solicitor

Sorry, missed out we are Co executors and beneficiaries