Executor now carrying out duties but a question please?

GillyFlower

Our mother died May this year- no property - savings and a Will. her Council Flat already has a new tenant and her belongings finalized.

1. My brother who is the youngest of us three was made executor.
2. I am second executor.

He is not approachable but the power has now gone into over drive. It seems he will do everything properly but in his own time. We have had the funeral and service and now leaves her ashes to be interned.

He has not communicated when her ashes will be brought back. Yesterday I have written with my two children asking when will this take place - we feel she has just been left.

Questions -

(a) As second executor could I ask him to show me the expenses and balance left to be divided as her wishes? Reason I ask I have been told he has said something about members of the family may want to offer to pay towards expenses? Stating he will pay for certain funeral and catering bills as he wants the 'best' for Mummy.

(b) In his role can he drag on the administration of her wishes, as stated in her Will, as to how her savings are divided as long as he wants?

So finally is it a case of sit and wait? I will stress it is not about the small amount of money that we may be bequeathed but the fact that it seems we are left just waiting. We would like to see her wishes carried out to be interred in our local churchyard.

Thanking you in anticipation.

Yorkshireman99

GillyFlower wrote: »

Our mother died May this year- no property - savings and a Will. her Council Flat already has a new tenant and her belongings finalized.

1. My brother who is the youngest of us three was made executor.
2. I am second executor.

He is not approachable but the power has now gone into over drive. It seems he will do everything properly but in his own time. We have had the funeral and service and now leaves her ashes to be interned.

He has not communicated when her ashes will be brought back. Yesterday I have written with my two children asking when will this take place - we feel she has just been left.

Questions -

(a) As second executor could I ask him to show me the expenses and balance left to be divided as her wishes? Reason I ask I have been told he has said something about members of the family may want to offer to pay towards expenses? Stating he will pay for certain funeral and catering bills as he wants the 'best' for Mummy.

(b) In his role can he drag on the administration of her wishes, as stated in her Will, as to how her savings are divided as long as he wants?

So finally is it a case of sit and wait? I will stress it is not about the small amount of money that we may be bequeathed but the fact that it seems we are left just waiting. We would like to see her wishes carried out to be interred in our local churchyard.

Thanking you in anticipation.

If there are two executors then he cannot apply for probate without your involvement. You are entitled to be involved and he has no authority to spend estate funds without your agreement. He needs to be told very firmly that he has to start cooperating with you.

TonyMMM

How much in savings did she leave ? - it may be that probate isn't required and he has already been able to access the accounts.

konark

If there is no property in the estate , just modest savings (less than 20-30k) then an executor can release all the money from accounts with just a death certificate, ID and a copy of the will. This can be done relatively quickly, although some financial institutions are quicker than others.


You are not 'second' executor, you are co-executor, you have as much right to administer the estate as he has.


Any funeral expenses, wakes, etc are to be paid for from the estate, he shouldn't be asking for donations unless the savings aren't enough to cover the funeral expenses.


You need to get in touch with him and sort things out because if there's any problems and money goes missing you as co-executor are in the firing line as much as him.

Marcon

GillyFlower wrote: »

Our mother died May this year- no property - savings and a Will. her Council Flat already has a new tenant and her belongings finalized.

1. My brother who is the youngest of us three was made executor.
2. I am second executor.

No such thing as executor and 'second executor'. Did the will name you as joint executors?

GDB2222

I am so sorry to hear of your loss. I am afraid that deaths in the family affect different people differently. Some just want to crack on with things, perhaps to take their mind off the death, whilst others get depressed and are very slow.

It may well be time to see about getting your mum's ashes interred, but maybe your brother is finding it difficult to do this at the moment.

As others have said, you are co-executors, and you and your brother should try to work together to get the arrangements made. It may be that your brother is thinking about more elaborate arrangements than you want, and you should really try to find out what everybody wants and try to reach a consensus.

It's very easy to let the general upset over the loss you have all suffered spill over and damage relationships within the family.

GillyFlower

Thank you all. I am coping this below from the Will - as I am still unsure of my role. I thought it was only if he decided not to be the executor or he too died.

Appointment of Executors

2.1 I appoint my son xxxxx to be my executor and trustee.

2.2 If xxxx is unable of unwilling to act as my executor and trustee or if he dies before proving my Will I make the following appointment instead.

2.3 I appoint my daughter yyyy as my substitute executrix and trustee.

2.4 The expression "my trustees" means my personal representatives and the trustees of this Will and any trust that may arise under it.

Then under -

My Personal Chattels

4.2 I request my Trustees within three months of my death but without imposing any binding trust or legal obligation and without conferring any interest on any other person to dispose of the same in accordance with any memorandum of wishes of mine which may come to my Trustees attention within one month of my death.

My thoughts - are that I have no say unless he died or declined to be her appointment as in 2.1 above.

Finally - Probably - about 30k Bank and £25 Premium Bonds.

Will wait for your thoughts. Thank you

Mojisola

GillyFlower wrote: »

1. My brother who is the youngest of us three was made executor.
2. I am second executor.

GillyFlower wrote: »

2.1 I appoint my son xxxxx to be my executor and trustee.

2.2 If xxxx is unable of unwilling to act as my executor and trustee or if he dies before proving my Will I make the following appointment instead.

2.3 I appoint my daughter yyyy as my substitute executrix and trustee.

You are the reserve executor, rather than the 'second executor'.

You can only act if your brother declines to so or is unable to do so.

GillyFlower

Yes - that is what I thought it would mean.

Can anyone clarify 4.2 how does the three month term 'operate' and from when?

GDB2222

GillyFlower wrote: »

Yes - that is what I thought it would mean.

Can anyone clarify 4.2 how does the three month term 'operate' and from when?

4.2 is a request to your brother to hand out the chattels (personal goods) within 3 months of the date of death. He should do this is accordance with any notes your mum left about what she wanted. But there is no obligation on him to act in that timescale.

There is quite a lot of work involved in being executor, and I've heard it said that 12 months is regarded as towards the higher end of the timescale for completing it. This is a simple estate so it could be done sooner, perhaps. Anyway, it's only 4 months so far.

The executor has no obligation to keep people informed of his progress.

Flugelhorn

GillyFlower wrote: »

Finally - Probably - about 30k Bank and £25 Premium Bonds.

the 30k in the bank may well be released without probate, as would the £25 PB (unless you mean 25K in which case you will need probate)