# Executor rights query



## emmt (5 Jun 2017)

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.


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## dub_nerd (5 Jun 2017)

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?


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## emmt (6 Jun 2017)

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


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## emmt (6 Jun 2017)

And I dont know if the executor has power of attorney...


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## mf1 (6 Jun 2017)

Would you go the Wards of Court route? 

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

mf


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## elcato (6 Jun 2017)

What does the solicitor who did the probate say ?


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## mathepac (6 Jun 2017)

Why would the Solicitor, who acts for the executor, have anything to say to the children of the sole beneficiary?


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## Seagull (6 Jun 2017)

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.


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## emmt (6 Jun 2017)

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?


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## emmt (6 Jun 2017)

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...


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## noproblem (6 Jun 2017)

Have any of you viewed the will or know what it says?


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## Marsha25 (6 Jun 2017)

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.


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## JoeRoberts (6 Jun 2017)

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 ?


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## emmt (6 Jun 2017)

noproblem said:


> Have any of you viewed the will or know what it says


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


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


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...


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## noproblem (6 Jun 2017)

I'll ask again. Have any of you viewed the will or know what it says?


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## mf1 (6 Jun 2017)

"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


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## Marsha25 (6 Jun 2017)

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.


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## Slim (7 Jun 2017)

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]


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## emmt (7 Jun 2017)

noproblem said:


> I'll ask again. Have any of you viewed the will or know what it says?



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


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## emmt (7 Jun 2017)

Slim said:


> a possibility of Elder Abuse


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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## Seagull (7 Jun 2017)

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.


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## huskerdu (7 Jun 2017)

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


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## emmt (7 Jun 2017)

huskerdu said:


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


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.


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...


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## emmt (7 Jun 2017)

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...


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## Marsha25 (7 Jun 2017)

Distribute, not drip feed surely. You need legal advice from a solicitor not attached to your mum or sister.


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## huskerdu (7 Jun 2017)

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...



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


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## Slim (8 Jun 2017)

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.


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## Seagull (8 Jun 2017)

The executor has not discharged her duty until the estate has been distributed as per the will.


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## emmt (8 Jun 2017)

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...


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## mathepac (8 Jun 2017)

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.


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## emmt (8 Jun 2017)

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...


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## emmt (8 Jun 2017)

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.


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## Vanilla (9 Jun 2017)

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


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## emmt (9 Jun 2017)

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.


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## emmt (9 Jun 2017)

And thanks for the recommendation Vanilla. I'll try them and see what they say


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