executor of late partners will

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creteangel

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Hi,

My partner died suddenly a few weeks back. I was aware he had made a Will in 2012 but didn't think I would be acting as his executor this soon.

He made me and his brother Executors of his Will. My late partner has 2 daughters late 20's- early 30's. The 2 daughters haven't spoken to each other in over 3 years making life difficult for us both while he was alive. I made it my duty to carry out his wishes as best as I can. I've had 2 meetings with the other Executor and my partner's solicitor. Both myself and the other Executor also will receive gifts from my late partner.

The problem is the eldest daughter. It seems it is left to me to close down accounts etc., dispose of smaller stuff etc. because the other Executor works full time. Eldest daughter took my partner's vehicle after the funeral. Monetary wise it is not worth much, but she has keys and has driven it to an unknown location. I have the tax book. We are all in agreement to sell it, money will be lodged with solicitor etc. It was agreed that I would sell it but she is ignoring me and won't cooperate on anything. She is telling people and her family that both myself and the younger sister have a vendetta against her, in order to elicit sympathy. Nothing could be further from the truth and I feel I have to protect the younger daughter's interests too. The other executor is firmly on the eldest daughter's side so it has divided into 2 camps and quite frankly it is really upsetting. She has issues because, first myself and the younger daughter have paid some of the funeral bills without 'consulting' her. She is refusing all my calls texts. What can I do to move things along as it is turning into a battleground.
 
Hi,

Welcome to AAM. Sorry to hear of your partner's death.

What has the solicitor done to recover the car? Have they written to the daughter explaining that it needs to be sold and funds added to the estate? You personally can only do so much and surely that is the point in having a solicitor. Perhaps I'm wrong in this approach but if she refuses to return the car then the value of it should be deducted from her portion of the estate or what does the solicitor have to say about this? If it were me I certainly would not bother texting or calling her as a solicitor's letter is a better record.

You should not get yourself too uptight over this matter. Do what you can and let the solicitor sort out the rest. No point in you stressing yourself out unnecessarily over it because life's far too short for that.
 
Agree with Sue Ellens advice.
Would not report to Garda as it would just add fuel to the fire, remember the van is not worth a lot, at some stage it will re-show.
 
My deepest sympathies, Its tough to have to do something like this at a time hen you are grieving.

My advice is to treat this like a Project and you have an awkard customer.

Your responsility as an executor is to execute the will. You do not have a responsibility to look after the beneficiaries.

Write down the plan in detail to sell everything and divide the proceeds as per the will.
and inform everyone by letter of this plan,

Get legal advice written down.

Keep everyone informed regularly of progress.

If there is a reason why things are blocked because a beneficiary will not respond, get legal advice on what to do, when write to everyone and tell them what you are doing.
If she ignores the correspondence, ignore her and move on.


Ignore the van. She is trying to pick a fight, don't let her.
Simply inform her that it needs to be taxed and insured on xxx date and the estate needs to put the tax/ insurance disc on the car.

Write and tell everyone that you paid the funeral expenses out of the estate, as you had to as the executor.

Be formal and polite.

You are doing the right thing.

Good luck.
 
thanks guys, i think i will get solicitor involved as she is not responding. other daughter upset too at her behaviour. but for my partner's sake i will stick it out until everything is sorted. its gonna be a long year!
 
Sorry about your loss, and having your woes compounded by a family dispute.

Are the daughters beneficiaries under the will? If so, you can ascribe a reasonable (perhaps slightly optimistic) value to the vehicle and say that you will transfer it to her at that value as part of her benefit.

It should be pointed out to your fellow-executor, either by you or by the solicitor you are consulting, that there is no scope for taking sides: you are both bound to execute the will, and not to wriggle around the testator's intentions.
 
You are not indicating how big the estate is.

The issue that can arise is that one or other of the daughters could argue they are not properly provided for out of the estate. And any lawyer would know this is either consulted. Under s117 of the Succession Act they could mount a challenge - hence the question as to size of estate.

Can you give some indication? If its very little I would simply walk away with a polite note to eldest daughter that despite the father clearly loving her - neither in has later life nor death has she behaved or acted in any acceptable fashion.
 
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