Executor not following the will

Robert_McGeddon

ExecutorIssue said:

I've just got a copy of the probate and it said the estate is worth £0 after expenses.

I know it had a significant amount of income in the estate but they haven't been filled this in correctly.

Are you possibly mixing up assets with income? If the deceased had income of £50K in the year before death but spent it all then the assets in the estate are £Nil. The executor has £Nil to distribute.

Another possibility is that some of the deceased's assets were held in joint names - these pass automatically to the joint holder and are not available to residual beneficiaries.

Regardless of the above, as a residual beneficiary you are still entitled to see the estate accounts.

ExecutorIssue

Thanks Rob, however when I say income I mean money going into the estate and not income earned before death.  Anyone aware of what type of issues an executor might have if they got probate materailly incorrect?

ExecutorIssue

This still hasn't been resolved, however the executor now agrees that they need to provide an estate account which is a win. 

How long do they have to provide it? They are currently stalling as the executor needs bank statements etc... I would have thought they should already have that as probate before probate was granted, and it has been granted.

Thrugelmir

ExecutorIssue said:

How long do they have to provide it? They are currently stalling as the executor needs bank statements etc... I would have thought they should already have that as probate before probate was granted, and it has been granted.

An account should have been opened to handle the winding up of the estate. 

ExecutorIssue

Thrugelmir said:

ExecutorIssue said:

How long do they have to provide it? They are currently stalling as the executor needs bank statements etc... I would have thought they should already have that as probate before probate was granted, and it has been granted.

An account should have been opened to handle the winding up of the estate. 

Sorry I'm talking about the bank accounts of the person who died, not an executor account.

Marcon

ExecutorIssue said:

Yes the estate has been finalised and paid out.  

Your above post was made several months ago, so the final accounts should be available. 'Waiting for bank statements' is nonsense, since if the estate has been paid out, these should all read zero.

ExecutorIssue

Marcon said:

ExecutorIssue said:

Yes the estate has been finalised and paid out.  

Your above post was made several months ago, so the final accounts should be available. 'Waiting for bank statements' is nonsense, since if the estate has been paid out, these should all read zero.

I agree but this is what I'm dealing with, they are also trying to chase for assets that were sold and settled while the person was alive and are threathing legal action to recover it.  Anything done before death (apart from a IHT view) shouldn't be included in the estate?

Linton

ExecutorIssue said:

Marcon said:

ExecutorIssue said:

Yes the estate has been finalised and paid out.  

Your above post was made several months ago, so the final accounts should be available. 'Waiting for bank statements' is nonsense, since if the estate has been paid out, these should all read zero.

I agree but this is what I'm dealing with, they are also trying to chase for assets that were sold and settled while the person was alive and are threathing legal action to recover it.  Anything done before death (apart from a IHT view) shouldn't be included in the estate?

All debts should be recovered by the executor and included in the estate.  If there was evidence that assets were sold fraudulently, eg by a rogue PoA, then they are recoverable through the courts.  You need to provide more information for someone to say anything more than the broadest generalities.

getmore4less

The inventory and account should be available as that is the estate records. 

Back up docs like bank accounts can come later if anyone needs to query the inventory. 

ExecutorIssue

Linton said:

ExecutorIssue said:

Marcon said:

ExecutorIssue said:

Yes the estate has been finalised and paid out.  

Your above post was made several months ago, so the final accounts should be available. 'Waiting for bank statements' is nonsense, since if the estate has been paid out, these should all read zero.

I agree but this is what I'm dealing with, they are also trying to chase for assets that were sold and settled while the person was alive and are threathing legal action to recover it.  Anything done before death (apart from a IHT view) shouldn't be included in the estate?

All debts should be recovered by the executor and included in the estate.  If there was evidence that assets were sold fraudulently, eg by a rogue PoA, then they are recoverable through the courts.  You need to provide more information for someone to say anything more than the broadest generalities.

Yes agreed, so some jewelry was sold at the request of the person who died a few months before they sadly died to pay off some outstanding debt, so effectively trying to make the estate simplier.  The executor is now asking for that money but aren't accepting that it was used to pay off debts.