Executor rights query

At this point, the executor is on very shaky ground legally. There are no grounds for not having paid the full amount from the house sale into your mother's account.
 
The executor has no right to decide when this money is "given" to your mother. It is legally your mothers.

How do you know that no-one else has access to the account ?

What happens if the executor dies ? Money in his/her accounts will be frozen. You may have to go to court to get it moved to your mothers account at that stage and not distributed in accordance with the will of the executor.

If they are ignoring your communication, its time for a solicitors letter
 
huskerdu said:
How do you know that no-one else has access to the account ?
Click to expand...
Going on the email that was sent saying that the cash assets of Dads estate have "been deposited in a new bank account in my name and €x per month will be transferred to Mum's account to cover her care..."

huskerdu said:
What happens if the executor dies ? Money in his/her accounts will be frozen.
Click to expand...
I never even thought of that scenario...

Time for a solicitor just to see if the money is legally in the executors account...I wouldnt have thought it could be deposited into an account that Mum isnt named on...
 
I've just done a bit of Googling and it seems that the cheque can be paid into the account of the executor and "They can then distribute the proceeds to the people mentioned in the will " so it looks like she's legally within her rights. Bummer...
 
Distribute, not drip feed surely. You need legal advice from a solicitor not attached to your mum or sister.
 
emmt said:
I've just done a bit of Googling and it seems that the cheque can be paid into the account of the executor and "They can then distribute the proceeds to the people mentioned in the will " so it looks like she's legally within her rights. Bummer...
Click to expand...

I'm not a lawyer but that wording not sound to me like she has permission to keep it in her account and choose when to drip feed it.
Get legal advice
 
Can we recap on this one? Is this correct? -
Will has been through probate. Everything goes to widow/mother. Cheque issues from Solicitor to who? 1. Mother's name or 2. Mother's name c/o executor or 3. Name of executor? --Which is the legally correct method?

Executor has, according to her, lodged the cheque in a separate account to which the executor has access and she controls how this is distributed. So, bank must be happy to open this account and accept the cheque into it. How can that be?

I am assuming that the solicitor has discharged his duties as per the legislation, so, this is an issue of one sibling controlling some of her mother's money and the other siblings controlling the rest as they have excluded the executor over past suspicious activity on the mother's bank account.

It seems that the executor has discharged her duty, in the strictest sense, and it is now dispute between siblings over the mother's funds.
 
The executor has not discharged her duty until the estate has been distributed as per the will.
 
Will has been through probate and everything goes to mother

Apparently (from Google) bank will deposit cheque into account of executor, as long as it states account of "Mr Joe Bloggs - Executor"

There are 2 bank accounts in play here.
A/C #1: Executor sibling, via new account in her name, is controlling money left to wife in husbands will. Money will be drip fed monthly into account #2
A/C #2: New account set up 3 years ago in name of mother and 2 nominated daughters. For this account, the bank card and pin number is available to all siblings so money can be withdrawn and paid to carers/used for bills etc. Money taken out of this account is carefully recorded with receipts etc and is closely monitored. So all siblings, including executor, has access to this account if she so chooses.

So yeah, I guess the crux of the matter is that the money hasnt been distributed as per the will and so duty has not been discharged...
 
It seems clear that the money from the estate ideally should have gone to A/C #2, above. In my experience, limited and IANAL, cheques, accounts, correspondence used to be addressed "The Representatives of Mr John Smith", the decedent.
 
Thank you all for taking the time to reply. I'm clear in my mind now that the money has not as yet been distributed fully and that we need to get a solicitor in the job to move it into account #2. Time to take the bull by the horns and let the cards fall where they will...
 
Maybe this is beyond the remit of this website but, if possible, does anyone have a recommendation of a solicitor I could contact about this? I'm in the Swords area but can travel.
 
Try a member of STEP, Society of Trust and Estate Planning.

If your mother no longer has capacity to sign a valid receipt for funds, the Executor cannot distribute the funds to her.

Strictly speaking she should be made a ward of court. However, the Executor may feel that the amount of money does not warrant this, and may be trying to discharge their duty by ensuring that her costs are covered by this monthly payment. There are two viewpoints here
 
monthly payment hardly covers a week's pay for the carers we have employed, not to mention food, heating, clothes etc....we're not getting even close to four figures here a month, roughly half of that per month. so even with the monthly payment and her pension, it wont be long before we'll have to subsidise the bank account again.
 
And thanks for the recommendation Vanilla. I'll try them and see what they say
 
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