Executor claims my father owed him money and he will deduct this from the estate

[Shelby219]

The executor of my Father's will says he is previously owed money by my father and will be deducting this when the house is sold and before the money is distributed, my question are we entitled to see documents to prove this ?

 

[Pinoy adventure]

I would think yes.look over accounts seeing where money came from and when.likewise too for any paperwork
Between both parties like agreements etc

 

[mathepac]

Like other creditors of an estate, that one must submit documentation about the debt, not "I loaned him a grand at the races one day, you know yourself" type commentary.

 

[elcato]

I would imagine the solicitor will not allow this without both proof and consent.

 

[Bronte]

I would imagine the solicitor will not allow this without both proof and consent.

We don't know there is a solicitor. When I was executor a few years ago I only needed the solicitor for a house sale. I could have done whatever I wanted with the money. And as it happens I was owned money and I paid myself. Because the testatrix was adamant about it. But it was all done transparently and I sent an excel calculation to all the beneficiaries of what went where. Personally I think any executor taking on this job should be paid becuase it's a right pain in the neck the amount of admin and nonsense you have to deal with.

 

[Shelby219]

I would imagine the solicitor will not allow this without both proof and consent.

Yes there is a solicitor, but the executor has said to me that he is getting his money first before anyone else, and "that's the way it is" , does the solicitor have to sanction any payments or can the executor just withdraw money from whatever account is set up with the proceeds of the house sale? He (executor)
seems to think he will have control of the money, is this correct? What can I do to protect the beneficiaries, ( he is also a beneficery)

 

[Clamball]

Once there is a solicitor handling the probate and distribution of the estate, he will handle all the money. Nothing (money) will go through the executor. So once all the assets are gathered the solicitor will pay all the bills, like the funeral, etc. Who ever organised the funeral gets paid when they give the receipts to the solicitor. If the executor is owed money he presents the bill and receipts to the solicitor. He gets paid. Then the estate is distributed. If the executor is owed money he will be paid but he cannot imagine a figure out of his head, he will have to supply details and proof. The money from the house sale will go to the solicitor, not the executor.

I am sure as a beneficiary you can request a statement of account to ensure you have been given the portion you were due. The executor is correct that all bills and money owed is dealt with first.

So say there was €100K and 2 children inherited equally. But the brother paid €5K for the funeral and €5K to the estate agent. He gets €10K to cover the money he is owed. Then the brother and sister get €45K each from the estate. So while the sister might have expected €50K the expenses and bills were paid first.

 

[Shelby219]

Once there is a solicitor handling the probate and distribution of the estate, he will handle all the money. Nothing (money) will go through the executor. So once all the assets are gathered the solicitor will pay all the bills, like the funeral, etc. Who ever organised the funeral gets paid when they give the receipts to the solicitor. If the executor is owed money he presents the bill and receipts to the solicitor. He gets paid. Then the estate is distributed. If the executor is owed money he will be paid but he cannot imagine a figure out of his head, he will have to supply details and proof. The money from the house sale will go to the solicitor, not the executor.

I am sure as a beneficiary you can request a statement of account to ensure you have been given the portion you were due. The executor is correct that all bills and money owed is dealt with first.

So say there was €100K and 2 children inherited equally. But the brother paid €5K for the funeral and €5K to the estate agent. He gets €10K to cover the money he is owed. Then the brother and sister get €45K each from the estate. So while the sister might have expected €50K the expenses and bills were paid first.

Thank you that puts my mind at ease somewhat