When an executor doesn't know they are executor.

Yorkshireman99

kidmugsy wrote: »

My question was what happens when the deceased has not done so.

They simply do nothing. If advised they have been named as an executor they simply refuse to accept. If another executor wants to apply they the unwilling one just renounces.

Mojisola

kidmugsy wrote: »

My question was what happens when the deceased has not done so.

The named executor can decide whether to take on the work or not.

Being named as executor doesn't commit you to anything.

Mojisola

helie wrote: »

I ask because it happened to me and I found out when I received a solicitors letter 3 years after my Mothers death inviting me in to sign final papers.

This scenario makes no sense.

If you are the executor, who appointed the solicitors?

Lorian

Presumably there is a joint executor who has been acting.

getmore4less

Lorian wrote: »

Presumably there is a joint executor who has been acting.

To do that they would have had to get the other executor to either reserve or renounce or just lie and say they have.

Or

the other executor did reserve or renounce and three years later they forgot.

Mojisola

Even if helie did forget that they were an executor and forgot that they had reserved or renounced the role, they wouldn't have to sign off on anything - only the active executor would do that.

Could it be that helie isn't an executor but, as the residual beneficiary, has been asked to sign off the estate accounts?

Added - realised that theoretica suggested this in post 5.