Executor will not acknowledge my claim

peachyprice

OP, do you even know whether there is any money in the estate? If there isn't, you won't be getting paid, no matter how many times you threaten to sue the executor.

System

buglawton wrote: »

One day I may become a reluctant executor. Could I be sued by the deceased's creditors?

Yes if you fail to deal with all the estate's debt correctly

OurKev

buglawton wrote: »

One day I may become a reluctant executor. Could I be sued by the deceased's creditors?

Unfortunately yes.


I have acted as an executor for someone who I had acted as attorney for during her last years so knew her financial position well so could be confident there were no "unknown" bills or debts outstanding.


If I had had concerns, I would have taken legal advice (or asked on these Forums) to ensure that I carried out the executor duties correctly (e.g. advertising for creditors to come forward and ensuring that I fully understood the terms of the will).

Mojisola

buglawton wrote: »

One day I may become a reluctant executor. Could I be sued by the deceased's creditors?

You don't have to be an executor if you don't want to.

Just because someone names you in their will doesn't mean you have to take on the role.

Added: or you can stay as executor but pay a solicitor to do all the work - the cost will be paid from the estate.

jackyann

This is exactly why it can sometimes take a long while to settle an estate, information gathering can be very time-consuming. You are probably not the only creditor.
Myself, I would try another letter (recorded) asking when the executor expects to be able to pay you, and adding that if you have not heard back by "x" date you may have to take further action.

Can I add that my understanding is that creditors only have a claim on the estate, not on the executor. The only time an executor can be liable is if they are negligent (eg: paid themselves money & ignored creditors)

phil09

wrong thread.