Executor rights query

E

emmt

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My father's will has finally gone through probate and everything was left to my mother. A cheque has been released to the executor. Should this cheque be issued in the name of my mother to be deposited in her account or could it be issued in the name of the executor? I ask because we've been informed by said executor thar the cheque has been deposited in an account in the executors name and they will release an amount of money per month into my mum's account which won't cover my mother's care as she is 87, has dementia and has full time care in the home. We're in a bit of a financial bind here so I'd like an idea of where we stand. Thanks in advance.
 
I can't imagine an executor has any excuse for not paying out the full estate, unless they also have some sort of power of attorney or other legal justification. Is there someone who does have power of attorney?
 
Thanks for the reply dub_nerd. There's no reason for the executor not to pay out the full estate but that is where we are as of an email received yesterday to all of the children. So my question is whether the cheque should have been deposited in an account that has my mothers name on it or if the executor is within her rights to deposit it in an account with her name only...There is no benefit to be gained by approaching the executor as we have all tried this many times before to no avail. Emails going unacknowledged, phone calls not answered or returned. Only recourse at the moment is the legal route unfortunately
 
Would you go the Wards of Court route?

The money would be managed by the Accountants Office/ Wards of Court office.

mf
 
Why would the Solicitor, who acts for the executor, have anything to say to the children of the sole beneficiary?
 
Has anyone been awarded a power of attorney to represent your mother's interests? If so, then that it the only person the executor should really be answering questions from with regards your mother's business.
 
We tried going to the solicitor as we weren't getting anywhere with the executor. As a result all the siblings received a solictors letter last week telling us that the executor wanted us notified that we should contact the executor only, which is legally correct. But executor wouldn't respond to us other than the email received yesterday saying that the money was now in her account and a pittance would be put in Mums account monthly. Its a mess honestly. We had an issue with money hemorrhaging out of an earlier account Mum had so another account was opened with Mums and multiple sibling names on it to keep everyone honest. This was the account we all (except the executor obviously) wanted the money to go into but this hasn't happened. So could the solicitor legally release the money left to Mum in the form of a cheque in the executors name? Would the executor be legally bound to ensure that Mums name was on any account this money was deposited into?
 
Seagull, dont know if anyone has been awarded power of attorney or how i would find that out...maybe the solicitor dealing with Dads will might know
mf1 - wanted to avoid going the ward of courts route

All we basically want is the money to keep Mum at home and to do this in the quietest way possible. Executor is a sibling so dont want to cause any more strife that what we already have going on here. If i knew that the money should be in an account with Mums name then I was hoping that a solictors letter from us saying that money was inappropriately deposited in the executors account and to withdraw it and deposit in Mums named account for her use would put an end to all this...
 
Who is paying the shortfall for your mothers care if the executor/sibling is not providing enough funds? Would ye not call a meeting of siblings to discuss this and whatever about the rights of your sibling to keep the money in her name, surely she has to provide adequate funding for your mother. I'd get legal advice and under no circumstances pay anything towards your mothers care while her own money is available.
 
Would the executor be trying to keep the money out of your mother's name to avoid paying into the fair deal scheme in the expectation that your mother may eventually need residential care ?
 
noproblem said:
Have any of you viewed the will or know what it says
Click to expand...
Will was dealt with in 2006 when Dad died. This is a separate amount that we only discovered was available a year ago and that hadnt gone through probate as executor hadnt followed up on it. Its clear to all that money goes to Mum

Marsha25 said:
Who is paying the shortfall for your mothers care
Click to expand...
We had enough money until recently and since then, the rest of the siblings are putting in money whenever necessary...in the single thousands so far.

JoeRoberts said:
the expectation that your mother may eventually need residential care
Click to expand...
Very doubtful that Mum will need residential care unless things go downhill very quickly...which I know they could

It would take 5 years for the full amount of money to be given to mum in the monthly payments stated in the email. Mum will be 88 in 2 months. Dont think she'll see 93.

Siblings have met and discussed this....we were just waiting for the money to come into Mums account but were broadsided by the latest info so just wondering if the path taken by the executor is legally binding...
 
"Only recourse at the moment is the legal route unfortunately"

I think you already know the answer here - there is no magic wand. You've tried being nice- but its not working. This person must have a significant chip on their shoulder manifested by very bad behaviour.

You need to get your own solicitor involved. But, of course, no-one can represent your mother as she has no capacity so the executor can say, I'm not dealing with anyone not appointed by the Court.

I go back to the Ward of Court scenario - it does not sound as your sister has any respect for you guys or your mother but a Court might put manners on her - or even the threat of Court.

mf
 
Send all future bills relating to your mum to executor sibling and let her deal with them. I do agree you probably need to have your mum made a ward of court in the absence of anyone having enduring power of attorney. Executor sibling sounds like a right piece of work. If your mother died you need to ensure that money would not automatically go to her.
 
It seems to me that there is, here, a possibility of Elder Abuse and this can be reported to HSE/Gardai: see here:
[broken link removed]
 
noproblem said:
I'll ask again. Have any of you viewed the will or know what it says?
Click to expand...

Got access to it yesterday...
Nominates sibling as executor...directs her to pay all just debts and funeral expenses
bequeath all estate to wife if she survives by 30th days...if not, bequeaths entire estate to siblings equally
 
Slim said:
a possibility of Elder Abuse
Click to expand...
Thanks for that link Slim. Mum will never be without the funds/care she needs even if we, the other siblings, need to dip into our own pockets. Not ideal I know Marsha25, but that is what we'll be doing. Executor will drip feed the money, so essentially not being withheld, but we need more than what is being suggested. So would ideally like to get a wider group of people who have control over it...thats the bottom line really
 
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