My mother's Will - dereliction of duty by Executor?
My mother died in January of this year and left me shares. To date the Shares Registry has not received any request from the executor to transfer these shares. The executor is a member of my family which makes matters very delicate. When I speak to him he either tells me lies or is vague about whats happening. I understand also that he should let all beneficiaries have a list of how he has used my mother's money (funeral expenses etc). He says he doesn't have to do this. Any suggestions before I start thinking about legal representation.
Answers:
Sounds like you're being stitched. Never mind family sensibilities, go get a lawyer. It will possibly only take a letter from him as a "shot across the bows" to have matters resolved.
You can also notify the Shares Registry that the shares are the subject of possible illegal ownership, with the background deetail and, if possible a copy of the Will to prove your legal claim to them, and they should immediately "freeze" them to prevent their being traded.
You definitely need to get a wiggle on though.
He should be compelled to do his duties as executor.
The fact that you are related obviously doesn't bother him when he is lying to you. Tell him if he does not transfer the shares and give you a detailed list of expenditure within a month you will contact your solicitor. That way he knows you are not going to give up on this matter and is aware that unless he meets your requirements you will seek legal help.
Good Luck
See a solicitor soon as, he is being shady over something. Dont put it off. Why lie to you?
Send him a certified letter. In the letter give him a deadline to provide you with information and to transfer the shares. Tell him that after that deadline you will have an attorney open a case in probate court. Once the matter gets to probate court then all you need to do is to contact the judge who will come down on this person.
Do not fall for the rumor that probate court is evil. It is a way to let a judge supervise that the terms of a will are being carried out. Actually probate court is a way to guarantee that the named executor will do his job.
hi,first let me say how sorry i am that your mother has died.secondly,dont hang about any longer.go see a solicitor now.
I have known more than one instance in my family of people taking relatives to law in a matter like this and I can tell you that the bitterness remains. Please only do this as a very last resort. I think that perhaps you should get together with the other beneficiaries and write a joint letter to the executor, setting out your points of grievance and suggesting that if he is not able to sort things out, it might be better to instruct a solicitor to deal with the estate. You give no idea of the age of the executor or his relationship to your mother. Perhaps it is all proving too much for him and that is why he is evasive. Some people lie to cover up incompetence. He might even be grateful for an offer to help.
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