relinquishing executor rights... thoughts please.

xxdeebeexx

Hi, my lovely dad has recently died and my brother, sister and Mother are joint executors.

My brother lives quite a way from my mum (3+ hours drive) and has taken most of the paper work with him.

He is now suggesting that Mum and sister relinquish their executor rights so that proceedings are more convenient for him to deal with.

What are your thoughts on this?

I am not involved, but don't have enough info on proceedings to know if this is a good idea or not...........

or could it open up a can of worms?


tia

dx

sharnad

Depnds on if you think he might shaft them

xxdeebeexx

sharnad wrote: »

Depnds on if you think he might shaft them

Thanks...........
The will is very straight forward, everything goes to mum.

dx

PasturesNew

It makes sense, we did this. It also makes everything easier if there's just one executor otherwise copies of all correspondence are sent to every executor (extra cost) and signatures are request from every executor (extra time/hassle).

It's best if one person does it if possible.

We went from three down to two - and wish we'd gone to one.

carolan78

If you all know what is in the will and what assets there is I can't see it been a problem providing you all trust your brother to follow the will to the letter.

xxdeebeexx

carolan78 wrote: »

If you all know what is in the will and what assets there is I can't see it been a problem providing you all trust your brother to follow the will to the letter.

To be honest I don't understand the process..............
Is it really possible for someone to be dishonourable when acting as an executor?

dx

Mojisola

xxdeebeexx wrote: »

Hi, my lovely dad has recently died and my brother, sister and Mother are joint executors.

My brother lives quite a way from my mum (3+ hours drive) and has taken most of the paper work with him.

He is now suggesting that Mum and sister relinquish their executor rights so that proceedings are more convenient for him to deal with.

Why did he take all the paperwork away? It would have been better to have had a family meeting to start with to go through all the paperwork. Your mother might be aware of other stuff that he hasn't found the paperwork for.

Does he behaviour make you suspicious of his motives?

xxdeebeexx

Mojisola wrote: »

Why did he take all the paperwork away? It would have been better to have had a family meeting to start with to go through all the paperwork. Your mother might be aware of other stuff that he hasn't found the paperwork for.

Does he behaviour make you suspicious of his motives?

He has done this before, for father in Law, so is 'experienced'
Mum is very confused... she hasn't a clue about what's going on. Her grief has left her with an empty head so has no idea what Dad had.

There has been issues with trust in the past (me doing the mistrusting) but it amounted to nothing.

I am not an executor so I feel it's not my place to but in.

I feel concerned about a few comments....
Mums Will states that her estate is to be shared fairly between her three children. Brother is saying that 'fairly shared out' does NOT mean that everyone gets the same. To be 'fair' some may get more than others!!

mmmm...............

dx

Mojisola

xxdeebeexx wrote: »

Mums Will states that her estate is to be shared fairly between her three children. Brother is saying that 'fairly shared out' does NOT mean that everyone gets the same. To be 'fair' some may get more than others!!

That is not a well-written will! It could be interpreted in so many different ways.

If you have the slightest suspicion that things might not be dealt with properly, encourage your Mum and sister to stay as executors.

NAR

I totally agree. Was this will done through a solicitor, doesn't sound like it. She needs to get a properly worded will written to reflect her wishes asap.

demented_weasel

If all your dad's estate goes to your mum, then having 1 executor is not really a problem.

There is a difference between an executor renouncing their appointment - i.e withdrawing completely, and opting for "power reserved" - where they stand back, but can get involved:

http://www.thelawwizard.com/probate/guides/renouncing-and-power-reserved.html

Your mum's will does not come into this situation - but it would be better for her to write a new will with clearer intentions.