# Executor favouring his own family.



## SlurrySlump (30 Oct 2014)

My late parents estate is almost complete with the house sold and monies divided from sale of house plus bank accounts. There were a number of items of furniture in the house that the executor said that he would "auction off" after the house was sold. We have now discovered that he has given these items to one of the beneficiaries who just happens to be his wife. The other two beneficiaries were never told about this and were waiting for the items to be auctioned and the proceeds distributed. There was also an item of furniture that two of the beneficiaries had expressed an interest in. He decided to give this item to one of the beneficiaries (his wife) and insisted that the other beneficiaries just take a payment from the estate in lieu. So his wife got to keep the item of furniture and the others got €50 from the estate in the post.
Can anything be done about this behaviour?


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## Thirsty (30 Oct 2014)

Was it an antique or other valuable item?


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## asdfg (30 Oct 2014)

what did it say in the will in relation to the furniture? if it said it was to be sold he should have had it valued and then sold it.Either way he should have had it valued and given all the benefitaries the chance to purchase it .He has to be able to say he followed the will to the letter of the law .Other wise hes in trouble and leaves himself open to being sued.Im not a legal expert .


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## SlurrySlump (1 Nov 2014)

Thirsty said:


> Was it an antique or other valuable item?


Would that make a difference?


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## Steven Barrett (1 Nov 2014)

Contact the solicitor and tell them that the executor is not dividing the estate in an equitable manner.


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## SlurrySlump (4 Nov 2014)

Thirsty said:


> Was it an antique or other valuable item?



Would this be relevant? Even if the items have little value an executor should not behave in this manner.


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## mf1 (4 Nov 2014)

"Can anything be done about this behaviour?"

This is the question asked. This is the answer. 

Yes. You can voice your disquiet, express regret and request the executor to take back the said items from his wife and distribute them in an equitable manner. 

I assume you have already tried this to no avail. 

If you've been told no, its all done and dusted, your options are limited. You can 
(a) lose the plot entirely, rant and rave and get nowhere.
(b) politely explain to him how very disappointed  you are in his ( is it a brother by any chance?) behaviour - this will very likely sever whatever is left of a relationship
(c) ignore it - you will forget in due course
(d) take legal advice - which will be , frankly, if its not a whole heap of money, it will cost you to instruct a solicitor to send a letter - which will only make a bad situation already worse. The executor will say that he was simply carrying out his duties. 
(e) issue court proceedings. See above. 

In my considerable experience, I can tell the families where war is going to break out and those where people are falling over themselves to make sure that everything is done fairly. 

There was a reason why your parents appointed the particular executor.

mf


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## SlurrySlump (4 Nov 2014)

mf1 said:


> There was reason why your parents appointed the particular executor.



My father thought that this person would take on the role of executor and do the job of executor. He kept the title but passed the role to a local solicitor at considerable cost to the estate. I would say that the solicitor did 90% of the job and the named executor less than 10%. 
Even the solicitor he employed has advised him to put all the items up for auction and let those who want them bid for them. He has refused to do this.

How much would it cost to instruct a solicitor to write to this person, roughly?


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## mf1 (4 Nov 2014)

I would have thought 200 plus VAT. But, honestly, can you not just let it go? 

Who is "this person"? Is it your brother?  Notwithstanding what has happened, would you not just be the bigger person? He has said no. It does not mean he is right. 

https://www.youtube.com/watch?v=L0MK7qz13bU

mf


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## Thirsty (5 Nov 2014)

Originally Posted by Thirsty  





> Was it an antique or other valuable item?





> Would that make a difference?



Yes as it will inform your decision on what you want to do - see reply from mf1


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## SlurrySlump (10 Nov 2014)

mf1 said:


> I would have thought 200 plus VAT. But, honestly, can you not just let it go?
> 
> Who is "this person"? Is it your brother?  Notwithstanding what has happened, would you not just be the bigger person? He has said no. It does not mean he is right.
> 
> ...



It's a non immediate family member. My father chose him as executor thinking that he would perform the duties of executor and not pass them on to a firm of solicitors. He has a quasi legal background.


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