Executor issues

Miashep

Xylophone, I am told it was thousands of pounds, by my sil and niece. The house was also cleared out and all the valuable items were taken by my brother and he sold or kept them for himself and my sister. Should there not be an Inventory of these items?  It probably is time to seek a solicitors advice 

poppystar

Miashep said:

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? 

Not necessarily. As I understand it your brother could apply to stand as executor if the named one renounces with no need to inform you. Ditto you could do the same. There is a list somewhere of the order in which people could apply, just can’t find it at the mo.

nanapop1977

Are you on reasonably terms with your brother? If so, perhaps a chat with him about what stage things are at would be the best initial course of action?  You might ultimately need to seek your own legal advice but maybe your brother can throw some light on why things are moving so slowly? There may be a reason why things have been held up. The executor issue is another matter but you need clarification as to why he appears not to be involved.

Miashep

Nanapop1977. After him lying to me stating it was all with executor and probate company in April then I wouldn't believe anything he says now! He won't pick up my phone calls anyway. He knows he has been caught out in style. I question now why he lied to me the first place when there was no need, and why he is dealing with everything when there is an executor who hasn't seen any of the paperwork. Most people would want their money and act on this, I feel he must be hiding something now.

xylophone

Your  brother's wife and daughter have told you (can they prove it?) that  over a period,using his PoA,  he was transferring thousands of pounds from your mother's accounts to his fellow Attorney in New Zealand.

You state that he cleared your mother's house and kept all the valuable items for himself and his fellow Attorney.

You state that you have contacted the executor who claims that he has not received the necessary information to enable him to apply for probate.

You state that your brother  is being evasive when questioned about his  failure to co-operate with the executor.

Time for some legal advice?

Manxman_in_exile

I take it that there may be some kind of pre-existing issue or family feud with your brother and sister?  Any reason why they were appointed attorneys and not you?

I think I would: (1) check with my SiL and neice how they know about the payments to your sister and, if possible, ask what they were for.  (At the very least I would review what they had told me and assess whether I may have misunderstood them).

(2) Contact the elderly executor again and, as gently and kindly as possible, confirm if they are still acting as executor or have they renounced the role.  (Is it at all possible that this elderly gentleman is in some way incapacitated themselves and is either not capable of being an executor or does not understand what is or is not happening?  Do they have children you could ask?)

(3)  Simply ask your brother outright to explain what is going on.  Enquire as politely and non-confrontationally as you can, but be quite open about what the supposed executor has told you (whatever that is).  You could dress it up by explaining that you are concerned that the elderly executor is not dealing properly with the estate (or does not have the capacity to do so) and you are concerned that they will get themselves into trouble so, as a beneficiary, you are considering seeking legal advice to protect your interests.

(4) If none of that gets you anywhere, get legal advice.  (You could probably miss out steps 1 - 3 and go straight to 4, but if this is all down to some misunderstanding - surprisingly common in families that don't talk to each other - you may make matters even worse)

Miashep

Manxman_in_exile
POA was originally meant to be by myself and my brother but my mum had early on set dementia and they both manipulated my mum to include my sister. So I walked away from it as they would always have out voted me on decisions.
No point in discussing further with my brother as he just lies.
I will send another letter to the executor and state I intend to seek legal advice as nothing has moved forward in a year. I never thought that this would all be so awfull!