Executor's Expenses

P

pat127

Registered User
Messages
386
I can't find my topic so have started a new thread. Hope that's ok.
The Executor took charge of a number of State Pension payments which had not been collected before the Testator died. The Solicitor is not aware of this. Should the Executor lodge the money so that it automatically becomes part of the estate or is it permissible to use the money to pay appropriate bills provided such expenses are not claimed from the estate? Many thanks
 
The pension payments are part of the estate. Not including them might deprive others some part of their inheritance.
 
If you're not the executor, how do you know?

Has the CA24 been completed? Has probate been granted?

And what does this have to do with expenses?
 
I'm not the Executor but having been dealing with all of the Testator's affairs for the last 3 years I am completely involved in what's happening now that she's died. Probate we are told may not happen for 6 months. I'm sorry but I don't know what form CA24 is. The problem I see is that the Social Welfare payments in question are not included in the estate which will deprive Revenue of Inheritance tax, i don't have a legal background so don't know what the correct legal situation is. Should the money be paid now into the Testator's bank account or is it acceptable to use it instead to pay legitimate Executor expenses which of course cannot be claimed from the estate. A possible motivating factor is that the Executor is unemployed and basically incapable of paying expenses from his own pocket.

I hope this helps. Thank you very much for a prompt reply.
 
Thank you. That's a perfectly good point. As it happens the Executor is the sole Beneficiary.
 
In our case we put it into the solicitors account from which expenses can be paid but this is up to the solicitor involved and not exactly procedure.
 
Thank you. Sounds like a good solution. The more I think of it the more I think this problem should be advised to the solicitor.
 
I'm not sure I understand where you come in to this?

You're not the executor, you're not a beneficiary.

Are you a creditor?

The deceased's bank accounts are frozen on notification of death.

An executors account is generally opened to handle incoming funds from a estate.

The CA24 is a form which declares all the assets and liabilities of the estate.

All debts and outlays are paid from the estate.

Again what do you mean by "executors expenses"?

Edit to add
How many weeks pension are we talking about here?
 
Last edited:
pat127, a CA24 is a long form that has to be completed by the executor and submitted to the Probate Office with the other papers as part of the process of applying for probate.

The CA24 is described by Revenue as an account of the deceased person's estate. Social Welfare payments must go in the list of "assets" of the estate. Follow this link to see what is involved http://www.revenue.ie/en/life-event...vement/what-is-a-personal-representative.aspx
 
You must log in or register to reply here.
Back
Top