Difficult Executor

[Deleted User]

Hi I need advice regarding a difficult executor. My step daughter is the executor and we do not get along, especially after my wife died. My step daughter gets the house but only after I die, my late wife bequeathed a bank account and premium bonds to me that were both solely in her name, so the executor I don’t think has applied for probate yet as it doesn’t currently  benefit her financially. My wife died at the end of November 2020. My problem is I have a terminal illness and want to get this sorted ASAP. I have heard you have to leave it at least 6 months before complaining. Any help would be greatly received.

RAS

Hi, sorry to learn about your difficulties and bereavement.

Firstly, do you have a will in place yourself, and an executor. If your step-daughter doesn't sort things out, then your executor may gave to push her.

Have you checked with the bank as to what their limit is for paying out on sight of a death certificate? Not exactly standard but you would not be stealing anything?

Edit: It is of course quite possible to remove your step-daughter if she's not actively sorting out probate.

[Deleted User]

Hi thanks for replying, her and her husband are executors so I have no say. Yes there is a will stating them as named executors. I have a will and will leave my assets to my children 

RAS

Who are executor(s) of your will? That is most relevant.

[Deleted User]

why ? My executors are my 2 children. I ideally would to sort this myself 

p00hsticks

RAS said:

Who are executor(s) of your will? That is most relevant.

How is it at all relevant? Presumably the OP is anxious to receive the money left to them by their wife so that they are able to use it before they themselves die. Who then has to sort out their own estate is, at present,  neither here nor there.

Marcon

p00hsticks said:

RAS said:

Who are executor(s) of your will? That is most relevant.

How is it at all relevant? Presumably the OP is anxious to receive the money left to them by their wife so that they are able to use it before they themselves die. Who then has to sort out their own estate is, at present,  neither here nor there.

It's potentially very relevant, because if matters aren't sorted out before OP dies (apologies - that sounds so insensitive), then it will be OP's executors who have to deal with the stepdaughter and her husband to ensure OP's inheritance comes to fruition, so that OP's executors can arrange the proper distribution of his estate.

[Deleted User]

Yes that is correct. I would like to sort my own affairs out and all this delay is distressing me. What advice would anyone suggest for the next step?

RAS

Thanks.

I appreciate that your step-daughter is trying to upset you and make life difficult.

I assume you know where the bank account is held? Have you asked them what the maximum amount is that they release on sight of a death certificate. Some have very low limits and others are massive.

[Deleted User]

I know the location of accounts but the balance is above £5000, so probate is required to release funds

maman

Presumably the relevance is that the funds that are due to OP (assuming he doesn't spend them beforehand) will form part of his own estate that he's leaving to his own children /executors. It's very complicated and sad as I'm assuming the late wife trusted her daughter and son in law to carry out her wishes.