Executor not following the will

Savvy_Sue

Who was the jewellery sold to / how was it sold? Can a receipt be provided?

xylophone

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, 

The deceased was capable of making decisions?

Who arranged the sale  of the jewellery on behalf of the deceased?

Does that person have receipts for the sale and proof that the proceeds of sale were passed to the deceased/applied to the  settlement of debts of the deceased?

xylophone

What a pity human-law didn't proof read the title to that article.

A spelling error doesn't make the article not worth reading - the information can  be checked  (and indeed should be checked), by anybody seeking to use it.

Linton

As above from Savvy Sue and Xylophone plus...
Who sold whose jewelry? Was the money given to the deceased?  What did they do with the money if it wasnt used to pay off the debt - isnt it already in the estate?

ExecutorIssue

The deceased had capacity, as after this happened the Will was updated a week or so later.  The money went to pay off debts, per the deceased wishes and with the full knowledge of the executors.

xylophone

The executor is now asking for that money but aren't accepting that it was used to pay off debts. 
The money went to pay off debts, per the deceased wishes and with the full knowledge of the executors.

Puzzling!

ExecutorIssue

xylophone said:

The executor is now asking for that money but aren't accepting that it was used to pay off debts. 
The money went to pay off debts, per the deceased wishes and with the full knowledge of the executors.

Puzzling!

Agreed - It feels like they are just stalling but I'm not sure why.

getmore4less

What money are they saying needs to be paid into the estate?

Does the person who was owed money agree that the debt has been paid off or are they still claiming off the estate?

Who did the transaction on behalf of the deceased?

Manxman_in_exile

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?

I think you (and perhaps any other residuary beneficiaries) need to sit down with the executor(s) and ask !!!!!! is going on.

I thought the estate distribution had already been finalised (you think wrongly according to the will) so (1) some form of estate account must already be available, and (2) why are they only now chasing debts/assets that may or may not have been owned by the deceased?  (Is this in connection with the sale of jewellery and settlement or non-settlement of debts you mention later in the thread?).

Sounds to me like either the executor has really screwed this up or something funny is going on.  You really need to press them for an immediate (clear and understandable) explanation on this.  (Either they're too embarrassed to admit an error or they're concealing something you should know.)

ExecutorIssue

I've asked for this information, however they are refusing to provide it until they have everything they now need.  So I'm a bit stuck at the moment...