Executor issues

Miashep

Hi,
My mum died in October 2019, the house sold prior to her death.
My brother and sister had POA. 
The executor of the will is in his 80's. A probate company is being used to deal with Inheritance tax and Grant of probate. My brother told me in March that all the paperwork had been sent off, it hadnt. He then told me again in May that everything had been sent to executor and law firm. I wrote a letter to the  executor 2 weeks ago asking how it was going as I had heard nothing, ( the legal firm gave a time scale of 12 weeks to sort their part out). The executor called me and said that I need to speak to my brother as he is dealing with it all and that the executor had only helped out as my brother wanted help on Inheritance tax form. I pointed out to the executor that he should be dealing with it, he said he had no paperwork or anything as my brother hadn't sent him anything. I emailed my brother who said he had been too busy to deal with it, I asked why he had lied and no response. Should I be concerned? Why is he dealing with it and not executor? Why is it 11 months in and nothing has been done even though a large amount of inheritance tax is due and there will be charges for not submitting this by the 6 month time frame. I feel that something underhanded has gone on now as it doesn't make sense that my brother won't hand over all the documents to executor or legal firm. I emailed my sister who lives in New Zealand and all she says is your brother is sorting it out. Clearly he isn't as at 11 months nothing has been done. I am really upset.by all of this and feel completely duped by my siblings and they act like I am over reacting. Any advice please?

xylophone

https://www.hughjames.com/blog/how-do-i-remove-an-executor
See your own solicitor?

Miashep

I didn't want to go down that route as the executor was my mums friend. I would have thought a POA had a duty to hand all the paperwork over in a timely manner as POA ceased when she died? 

poppystar

Is it possible that your brother has persuaded the executor to stand down but that hasn’t been communicated to you? If not I feel for the executor too as this must be a stress for him.

xylophone

I would have thought a POA had a duty to hand all the paperwork over in a timely manner as POA ceased when she died? 

PoA ended on death.

Assuming that the executor did not renounce, it was (and remains) his duty to obtain all necessary information to enable him to  obtain a Grant of Probate.

This would have involved asking your siblings for the details of your late mother's financial affairs.

xylophone

Why is it 11 months in and nothing has been done even though a large amount of inheritance tax is due 

You seem to be well informed concerning the value of your late mother's estate.

What you have said indicates the possibility of an estate valued in excess of  a million pounds.

You are aware of the contents of her last valid will and therefore know that you are a named beneficiary, residuary or otherwise?

Miashep

Poppystar, the executor was adamant he is the executor, surely if he stood down I should have been informed as a beneficiary?

Miashep

Xylophone, it is just under 1 million and I have a copy of the will, where it is split between 3 of us. I have been told when my siblings were acting as POA my sister kept getting money sent to her in New Zealand, even though my mum was in a home in the uk.

poppystar

Miashep said:

Poppystar, the executor was adamant he is the executor, surely if he stood down I should have been informed as a beneficiary?

No reason at all to inform a beneficiary. The executor only needs to inform you of your gift in the Will when distribution occurs. Some beneficiaries have never even seen the Will in advance and would have no idea who the executor(s) are. 

If he is adamant he is the executor but not doing anything then he should also be aware of the consequences of that for him. He mustn’t just trust another person to do the work (unless of course that is a solicitor who has been specifically hired for the task) as ultimately the responsibility for it being done correctly will rest upon him.

xylophone

Xylophone, it is just under 1 million and I have a copy of the will, where it is split between 3 of us. I have been told when my siblings were acting as POA my sister kept getting money sent to her in New Zealand, even though my mum was in a home in the uk.

Told by whom? 

If the executor has not renounced and has already been involved (intermeddled) in the estate, then he is ultimately responsible for its administration.

If gifts were made from your mother's estate within the seven years preceding her death, these would need to have been disclosed for purposes of calculating any IHT due.

Whether your siblings were acting improperly in making these transfers is another matter.

If IHT is due, then as you say, there are rules concerning when it should be paid to avoid any risk of fines.

You are clearly worried and dissatisfied - time for you to seek legal advice? 

Miashep

Poppystar, if the executor stepped down there would be no executor, surely it would be then a matter for the beneficiaries to agree on who would deal with probate?