help needed with estate matters

blondie0472

hi

I am in dire need of some advice.

I with my sister are executors of my fathers will which includes a property. the will states everything to be split 3 ways myself and two sisters. my sisters wanted the probate to be done without a solicitor to save on fees and I agreed so long as we all kept in touch with what was happening and my sister took it upon herself to do it.
I am having trouble in keeping in contact with my sister dealing with the matters as she never seems to be available and seems to be avoiding me. I have found out that she hasn't closed my father's bank account and he died 5 months ago as there are letters still going to my father's house from the bank wanting a meeting with him. there is no money going into the account but his direct debits are being constantly returned. is this illegal? and will I be held accountable for any wrong doing she has done if I am joint executor? I know she can get a grant of representation but do I have to be informed of this? I am worried as the property needs to be sold and I would of thought we would need to appoint a solicitor for this.
is it to late to take this to a solicitor to sort out and deal with everything

troubleinparadise

The bank should have been informed that your father had died, and his account would then have been frozen. The account should not still be open and running.

It is not unusual that one executor might take the lead in handling matters, but as a matter of course should be informing the other executor/s as to progress.

You would need to appoint a solicitor for the conveyancing of the property sale, but normally the executor/s would instruct an estate agent to market the property. In the meantime, what is happening with regard to maintaining and insuring the property, and is it ready to be sold? However, you need to have a Grant of Probate to sell the property; it may be that this has not been applied for as yet. You do not say whether there is a possibility of needing to pay Inheritance Tax, which becomes due 6 months after the date of death if applicable; if so, that time is fast approaching.

You could take legal advice yourself as to what to do, but I would suggest as a first step you read up on the role of executor and what should have happened by now, and arrange a meeting with your sister to check just what actions have been taken.

It may be that your sister is struggling with time or knowledge, rather than deliberate wrongdoing. It may be that she is avoiding you because she doesn't want to admit that she hasn't done what she should. But you need to be more proactive now.

As an executor, you do have a legal responsibility to the beneficiaries to handle the estate correctly and in their interests; so yes, you can be held accountable as joint executor.