What happens when an Executor over distributes an estate?

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IsleOfMan

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An executor has distributed all of the deceased's estate, house, bank accounts etc to the beneficiaries and then decides off his own bat to give away the remaining bulky items of furniture to one beneficiary without the consent of the other beneficiaries, just to get rid of it. He now finds that an invoice has been presented in respect of some costs associated with a headstone to the estate but there is no money left in the estate to pay this bill.
It was suggested that he collect the disputed furniture and sell/auction it but is refusing to do so as it has ended up with his family members.
What can he do, what can the beneficiaries do and is he liable for this charge to the estate.
 
Totally agree with mf1.
Seriously, are you talking a few hundred here or thousands? Would everyone not just put in some money to sort the headstone out?
 
Does anyone know what the legal situation is when an executor over distributes an estate? Thanks.
 
It is incumbent on the Executor to discharge all debts , taxes , funeral expenses prior to distributing the Estate.
His failure to do so leaves him liable for the outstanding debt.
It would seem very harsh to see him thus lumbered as it was simply human error , the bulky items of furniture to which you refer may not have been marketable & storing same may not have been possible.
The role of Executor is not an easy task & perhaps the beneficiaries should reflect on that ?
 
Deiseblue said:
It is incumbent on the Executor to discharge all debts , taxes , funeral expenses prior to distributing the Estate.
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All the lawful debts - If he did not authorize the work then he has no responsibility in the matter.
 
Deiseblue said:
the bulky items of furniture to which you refer may not have been marketable & storing same may not have been possible.
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Thanks for your response. The problem is that the furniture items were given to his wife and are sitting in his house where he is enjoying full use of them.
 
IsleOfMan said:
Thanks for your response. The problem is that the furniture items were given to his wife and are sitting in his house where he is enjoying full use of them.
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When I was disposing of family effects including bulky furniture after family members had taken their choices (we rotated) I sent the rest to auction or to a skip. The auctioneer told me I'd barely make the transport costs back at auction - he was quite rude actually and I was glad my poor Mum wasn't there to hear him - but he was right, prices were insultingly low and some didn't sell at any price! Old furniture, especially "brown" furniture is practically worthless. I know that may not address the issue which is that some beneficiaries are cross that the executor's wife has the family assets and perhaps now want to punish the executor by making him pay these costs. If that makes them feel better then by all means stiff him with them but don't call it "the law". When relationships are good most beneficiaries would chip in.
 
sorry to disappoint but headstone costs do not constitute funeral expenses and consequently do not necessarily have be be paid out of the proceeds. Under normal circumstances, the headstone would be decided and paid for together by the family members. Traditionally, this happens 1 year after death.
 
I have just completed probate and cost of headstone was included as an expense with no issues.
 
IsleOfMan said:
Thanks for your response. The problem is that the furniture items were given to his wife and are sitting in his house where he is enjoying full use of them.
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Ok what are we talking here? As in can you list say the top 5 items, their age and the value you would put on them? Then can you list the costs of selling them? Prior to the headstone issue did anyone express a wish to have the furniture. Does anyone want it now, do they have a place to put it.

Having come through this myself, we had one sibling wanted to ship the whole lot off to an already full house to recreate the 'lost person' The cost of moving - one end of the country to the other - would have been more than the cost of the items. Another sibling, I had given notice I was coming to Ireland to clear out the house, everybody could pick what they wanted in turn, and despite this, as I loaded the skip and give stuff to the travellers (saves money on putting stuff in skip and saves on trips to 'donate' to SVdeP etc) sibling who had weeks and weeks to think about it arrives and asks where decrepit old rug of 20 years is. And that sibling had visited house every day practically ! Bottom of skip but welcome to go get it ! The skip was piled so high you wouldn't believe it and even still the local travellers put more stuff on top, honestly don't know who the bin men took it away.

The person who presented the bill for the headstone had no right to a) get a job done expecting it to be paid out of estate without permission of executor b) get agreement of all beneficiaries that this was ok - most normal families would agree on this, - but still not binding on exectutor c) has some cheek coming with this when the estate is distributed d) would probably complain if the executor didn't do a good job and distribute fairly e) what on earth is the executor supposed to do now f) whould the furniture be even an issue g) why wasn't the furniture issue flagged as an issue.

Be warned, being executuor is a thankless job.

Solutions

1. Person who ordered headstone pays for it
2. All the beneficiaries pay for the headstone, out of their proceeds of the estate
3. Go and sue the executor and see how far that gets one and see the never ending family war that ensues.
 
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