C
Cordelia66
Guest
My mum died in November 2010 and I have just found out that the Executor, my brother, has not yet lodged an application for probate on her Will, a copy of which we all received after her death.
The executor owes a significant sum of money to the estate, having failed to repay an outstanding loan to my mother while she was alive. Is he, in fact, fit to carry out the duties of Executor, given that he owes outstanding monies and has not repaid them? Also, he refuses to contact some of us beneficiaries who challenged him about this loan while mother was alive so we do not know where we stand with regard to her wishes being carried out.
I am anxious to get some of her personal belongings as a memento, but cannot access the family home as a sister who lives there will not allow entry to some of us. She could well have disposed of items already without consulting us.
I would like to have my brother removed as Executor, on the basis of his outstanding debt to the estate. Also, the Will was written just before Mother was diagnosed with early onset dementia - which said brother was very away of, as was the sister, and it was they who drove Mum to the solicitor (an associate of his) to write her will. The will was made four days after I'd cancelled Mother's ATM card as the sister was withdrawing huge sums of money from it, and in fact, withdrew about 35k before she was rumbled.
It is a sorry tale, but at this point, I just want to know how long he can stall on processing the Will. How does a Caveat work, would it have to go before a court?
The executor owes a significant sum of money to the estate, having failed to repay an outstanding loan to my mother while she was alive. Is he, in fact, fit to carry out the duties of Executor, given that he owes outstanding monies and has not repaid them? Also, he refuses to contact some of us beneficiaries who challenged him about this loan while mother was alive so we do not know where we stand with regard to her wishes being carried out.
I am anxious to get some of her personal belongings as a memento, but cannot access the family home as a sister who lives there will not allow entry to some of us. She could well have disposed of items already without consulting us.
I would like to have my brother removed as Executor, on the basis of his outstanding debt to the estate. Also, the Will was written just before Mother was diagnosed with early onset dementia - which said brother was very away of, as was the sister, and it was they who drove Mum to the solicitor (an associate of his) to write her will. The will was made four days after I'd cancelled Mother's ATM card as the sister was withdrawing huge sums of money from it, and in fact, withdrew about 35k before she was rumbled.
It is a sorry tale, but at this point, I just want to know how long he can stall on processing the Will. How does a Caveat work, would it have to go before a court?