Executor now carrying out duties but a question please?

YoungBlueEyes

Just to play devil's advocate here -

When our father died, my sister and I were the executrices. I'm the 'get on with the job' type, she... isn't. He died on a Saturday, and on the Sunday I was online finding what needed to be done and when. Making lists of things to do and people to tell. Monday morning I went to the bank to inform them, the post office too, then I was on the phone starting the process with his pensions and house insurance etc, then it was registering the death and getting death certificates and organising the medical school (he donated his body to science, and they have a pretty strict 72 hour rule) etc etc. There's just so much to do and it all needed to be done yesterday! That suited me though because I'm that sort.

Whereas Becky went to her bed fully clothed and left me to it.

Maybe his power drive is just a need to get things sorted. A lot of times there's a time limit and you're legally bound to get cracked on with xyz.

If this is something else though (and I'm guessing offering to help would fall on stoney ground...?) there are perhaps things you can do yourself. You mention you've had your mother's funeral but don't know when her ashes will be brought back - could you ring the crematorium and find out? If you explain who you are they should be very helpful

GillyFlower

Flugelhorn wrote: »

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)

Sorry I did mean £25K. So basically £55k? (not sure of figure when funeral expenses paid, etc) would need probate when she has asked for it to be divided in percentages to her family?

GillyFlower

YoungBlue Eyes - thank you. No - cannot approach him. I will contact the Vicar asking if he has been requested for a date to do the service for the interment.

Flugelhorn

GillyFlower wrote: »

Sorry I did mean £25K. So basically £55k? (not sure of figure when funeral expenses paid, etc) would need probate when she has asked for it to be divided in percentages to her family?

Probate is needed to release the money from wherever it is now (and sell property etc). Some banks will release the 30k now but Premium Bonds have a limit of 5k I think and after that probate is needed. It isn't needed to divvy up the estate - that can be done after expenses and debts paid and all money brought in.

The ashes are probably with the undertaker - that is where they usually stay until families decide what to do with them - give them a call and see what is happening

SevenOfNine

"He'll do everything properly but in his own time". If you are completely confident in that statement then frankly, apart from sorting out the interment, you are being somewhat impatient in your expectations.

There are factors that can delay distribution & sorting everything out can take several months, particularly if you have a job, &/or aren't the organised, efficient type.

Afraid he doesn't need to keep you informed on progress, though a lot of us have done so as a matter of courtesy & recognition of sad bereavement all round.

I would say that if the Council have taken the property back, & to be fair they quite commonly do so with almost indecent haste, I wonder what your brother has done with all your mum's belongings, particularly if sh did write an accompanying memorandum of wishes?

Try to be patient, try even harder to open an avenue of communication with your brother, say nothing that can be construed as confrontational or accusatory. I'm not saying anything is your fault but he's the executor, the only one, & that seems to have been your mum's choice.

It's sad if he can't work with you to sort out the interment, won't he even let you collect the ashes to keep for a while? What happened at the funeral?

thorsoak

Just a quick point about the premium bonds - they can be left in the name of your mum and be included in all the draws for a year from the date of her death - so any wins would be included in the estate.

SevenOfNine

thorsoak wrote: »

Just a quick point about the premium bonds - they can be left in the name of your mum and be included in all the draws for a year from the date of her death - so any wins would be included in the estate.

Not sure that's true for £25K worth! With % estate division amongst family, executor surely won't be able to make a unilateral decision that it is to be left there either, on the chance there'll be a few wins.

Yorkshireman99

SevenOfNine wrote: »

Not sure that's true for £25K worth! With % estate division amongst family, executor surely won't be able to make a unilateral decision that it is to be left there either, on the chance there'll be a few wins.

It is entirely at the discretion of the executor not the beneficiaries.

SevenOfNine

:beer::beer:

Yorkshireman99 wrote: »

It is entirely at the discretion of the executor not the beneficiaries.

Does appear from NS&I that there's no limit on the bonds remaining in the name of the deceased for a year (so I stand corrected thorsoak), but I'd dispute it as factual that the executor can make the decision to leave it there as a game of 'chance' instead of distributing the estate in accordance with the will!

If that were the case as a beneficiary I'd probably consult a contentious will lawyer.

Yorkshireman99

SevenOfNine wrote: »

:beer::beer:

Does appear from NS&I that there's no limit on the bonds remaining in the name of the deceased for a year (so I stand corrected thorsoak), but I'd dispute it as factual that the executor can make the decision to leave it there as a game of 'chance' instead of distributing the estate in accordance with the will!

If that were the case as a beneficiary I'd probably consult a contentious will lawyer.

You would be wasting your time and money . An executor has full powers to deal with the estate property within the law as they see fit. To get any damages you would have to prove that the executor acted improperly or unreasonably. There would be no chance of doing so. The fact that NS&I allow funds to remain for a year is prima facie evidence that it is OK to do so.