# Executor Owes Money to Estate



## Cordelia66 (7 Feb 2011)

Hi there, I posted before while my mother was alive as a particular brother & sister had taken about 100k from her account. I have the bank statements that prove this. The sister had take about 40k on ATM & Pension, and the brother borrowed 60k but never paid it back. This loan was uncovered by the rest of the family, he admitted it but never repaid it. There was a very acrimonious relationship between us when we discovered this and he acted in a bullying and threatening manner.  He was the Executor of my father's estate, and on the day Dad's will was read, he drove my mother, the sole beneficiary, to her bank and she withdrew - in her own name - 60,000 as a loan to him. This reduced her bank a/c from over 100,000 to just maybe mid 30,000. The sister got to work on the rest and, over about 9 months, reduced it to just over 10,000. 
Long story short, Mum died in November and he is now the Executor of my her will. The sister inherited the house.  
My question is: can a son who owed the estate 60,000 (and we suspect more, because he worked in tandem with the sister and we believe she withdrew money on mum's ATM for him, they are very close). Can he be allowed to be Executor of a will if he owes money to the estate, even if not actually named on mum's bank a/c? (the sum would surely tally with one of his own accounts in terms of date & sum?)
Any advice greatly appreciated. We believe these siblings exterted undue influence over my mother and have not actually left any assets to be divided among the rest of us as the account was emptied out by them.
Also, do we have grounds for having the Will declared invalid on that basis? 
I don't actually want anything but these two are literally getting away with robbery.
Do we have a right to see a copy of the Will?
The solicitor won't take our calls, he is a friend of my brother.
Solicitor wrote to us telling us we would be personally liable for the costs of carrying out Probate - I thought any costs arising from processing a Will came from the estate?
Help!


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## horusd (7 Feb 2011)

You need to talk to an independent solicitor. What about giving FLAC (Free legal aid) a call as a starter? PH: 1890 350 250.http://www.flac.ie/gethelp/


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