Help regarding a will

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deiseboys

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My mother died early this year and my brother was made executor. The will stated that her property was to be sold and divided between her children. The house needs repairs and it was decided to updated it before it goes up for sale. I was asked to hand over 1000 euro and this should cover all costs. Now I have been asked to hand over another 1000 euro which I dont want to do because really I cant see where the first lot of money has gone. Does the executor my brother have the authority to do this or can I just say NO.
 
should or could he not have used money from the estate to carry out the updating.. i personally would not hand out the cash,i know he's your brother but,ask is the 1k a loan to the estate and is it refundable from the estate.
He is responsible for the disbursment of the estate according to the wishes in the will of your mother
 
thats what I taught and then it would have been all above board with receipts and a full list of what was spent and where.
 
I think you need legal advice on this one. You don't make it clear who decided to update the property and on what basis. Was there an agreement in writing for example? I think you need to look closely at the Executor's role. He or she is given the power by the Probate Office to distribute the will in accordance with the deceased's wishes as expressed in the will. Along with selecting an Estate Agent, Solicitor etc, I think it can be argued that the Executor could independently decide to spend money to put the house in selling condition if so required. That's only my opinion however!

Similarly the Executor has to address how ongoing utility bills such as electricity are paid. The question then is where does the money come from. If there is cash included in the Estate can the Executor draw on this to pay for house repairs? Remember that at the end of the Executor's grace period, which is a year usually, the Beneficiaries have the right to sue the Executor if not happy with how he or she disposed of the Estate.

The next question is to address how much power the Beneficiaries have pre-distribution. Can they independently decide to spend money on the house against the Estate or can they loan money to the Executor and on what basis? I suspect that the Executor calls the shots but could accept a loan, but how formal should the agreement to make the loan be, and what comeback is there other than suing the Executor later.

If one of the lawyers here on the Forum doesn't pick up your question, I'd strongly recommend that you consult your own lawyer or visit your local Citizens' Information Centre to make an appointment to use their free legal information service. Many operate by appointment but some have a walk-in service and any Centre will tell you which ones do if you can't wait for an appointment.

You might let us know how you get on if it's not covered in the Forum.
 
I dont want to come across as been awkard. The estate agent said cleaning up the house (painting walls, replacing carpets and general tidy up) would help to sell. There was no written agreement we got a quote for 4,000 euro to paint and clean up. It was then suggested by the executor that we put up 1,000 euro each a total of 6,000 euro the remaining 2,000 for carpets and skip hire. Now I got a phone call to say that they need another 1,000 euro which they have put in for me and I can send them a cheque or it can be taken out of the sale. The extra money I am told are for costs running over extra skips, carpets which money was already allocated for. If they had replaced bathrooms and kitchens you might see where the money went but 12,000 euro to clear out a standard size house paint and and lay low cost carpets no tiling. What should I do????
 
I don't think you're being awkward. The very least you should expect is an itemised estimate stating where funds are to be spent! 12k seems like a lot but when seen in black and white, might be a sensible figure. The point is..how are you to make a judgement about whether or not to spend your money, when you don't know exactly what its being spent on!! I'd be very annoyed if someone took the decision out of my hands by putting money 'in' for me. Surely you should have been consulted before this decision was taken.
 
This is what has annoyed me. To assume I would agree and not even consider to give me a ring. I dont know what my rights are as he is the executor can he just make these decisions????
 
I don't know exactly what he's entitled to do as executor. Perhaps he can allocate money to repairs to the house etc. I'd imagine the beneficiaries would have to be in agreement. However, nobody has the right to spend money on your behalf without consulting you, and then expect to be paid back!
 
You are definitely not being awkward, deiseboys, and I’ve a lot of sympathy for you in what is definitely a difficult situation. Apart from the legal aspects there is the danger that family relationships will be damaged and that’s never desirable.

With deference to liteweight I have to repeat what I’ve already said. Before you can decide what to do, you need a lawyer to tell you exactly what an Executor can or cannot do in your circumstances and also what powers a Beneficiary has. I’ve suggested the Citizens’ Information Centres and the associated Free Legal Advice Centres (FLAC) and I can tell you from extensive personal experience that you’ll get a very good response from them. If you are in Dublin I can suggest a FLAC location in Pearse St which has a walk-in legal service and I can give you a phone number to contact them about when the service is available.
 
Im in the southeast and thank you for your help. Its just that I have a lot going on at the moment, getting over the death of my mother, son going away to college and this I could do without.
 
i agree with all of the above and i would ask the rest of the family if they think spending 12k on the house was worth it ie will the 12 k add 12 to the value or will it add 30k to the value..it's a fragile situation family wise and i am sure your mother never intended there to be animosity or that u would all be out of pocket.
i think he's taking a liberty.estate agents do get it wrong as well .maybe u could contact the EA and ask him what he expected to sell the hgouse for before the refurb and what it's worth after..if it's only gone up 5 grand then it's clearly been a waste of 12 k.. best of luck with it
 
Aftr my mothers death the executor my brother got the house valued by an auctioneer, who said it could do with updating. Now after painting the walls and ceilings and general tidy up another auctioneer has increased the value by 100k which i find hard to believe as the bathroom and kitchen were not updated which in my opinion needed doing, one of the auctioneers has got it wrong. You might say well what is my proplem if the property has increased this much. I didnt like the way he assumed I would hand over the money and not even tell me what it was for and just put it in for me and tell me to forward a cheque or fix up when the house is sold. If the first 12k was managed properly alot more could have been done (painting the inside of a garage) what next??? I just need to know can I say NO or if I say no and everyone else pays where does it leave me.
 
pat127 said:
With deference to liteweight I have to repeat what I’ve already said. Before you can decide what to do, you need a lawyer to tell you exactly what an Executor can or cannot do in your circumstances and also what powers a Beneficiary has. I’ve suggested the Citizens’ Information Centres and the associated Free Legal Advice Centres (FLAC) and I can tell you from extensive personal experience that you’ll get a very good response from them. If you are in Dublin I can suggest a FLAC location in Pearse St which has a walk-in legal service and I can give you a phone number to contact them about when the service is available.
Click to expand...

I never suggested that the poster should not seek legal advice...of course he/she should!! :confused:

What I am saying is that I'm sure the Executor may have charge of the finances involved in the Estate but not the poster's personal finances, which is what is being spent.

Perhaps if you rang FLAC, they could recommend someone in your area.
 
Why don't you become more involved and stop whining on the sidelines? He is the executor but you are one of the benificaries. Spending some money improving the house will benefit you in the end. Organise and attend family meetings and discuss outgoings/things to do etc If you feel like calling a halt to the spending then speak up. You keep referring to "they". Who are "they"?
 
Its pointless speaking up because any suggestions I made were ignored. I live away so cannot get involved in day to day goings on. When I say they I mean my brother and one of my sisters. The rest of the family wanted to leave time for us to grieve the death of our mother but insted within a week of her death the house was valued by auctioneer, and all her personal belongings were being dumped which I feel was inappropiate. All we wanted was time to adjust her home was her pride and joy especially her garden. From then on I just agreed with whatever was asked until my brother paid over money for me without asking, nobody would be happy about this. That is why as suggested I will be seeking advise.
 
your'e right you do need to time to grieve but people treat grief differently and u know also what they say about a will..
where there is a will there is a relative or better still a relatives other half.
everybody is different but there will always be one and if not somebody behind the one pusing them..
i think u shoudln't pay over anymore money,let your brother get a loan on the strenght of the house sale and pay it back when all is sorted
 
Getting a loan, this was one of my suggestions and would have been the proper way of doing things. 12k has been spent and many of the major problems have been ignored or painted over and hoped will not be picked up.
 
it is very unusual that a beneficiary to an estate would be asked to pay into the refurb of a house prior to sale, the purpose of a will is that all debts & liabilities would be discharged before assets are distributed and it's the Executors role to simply act as administrator. does the estate have any other assets that could be utilised to refurb the house, many of these assets may be tied up without the issue of the grant.If the grant is issued (which it has to before the executor has the power to sell) then any assets in bank accounts etc are to be utilised against any costs of the estate before distribution. if there are no assets of the estate an executor can open up an Executor's account with a bank and the solicitor on behalf of the estate can undertake to the bank that on the sale of the house that all monies due to the bank would be paid off.
 
Yes she did have other assets. Savings account, was paying into SSIA and also had the famous eircom shares. She had everything stated clearly in her will, funeral expenses to be paid first, grandchildren next and then remainder split, house to be sold and divided between children. I hope people dont think I'm being awkard over 2k its not the money its the manner in which things are being done. I keep getting told your 2k will make 10k its not all about money. Someone said to me when your mother dies part of you dies too, how true. Given time this could have been done properly not listening to estate agents that want your house on there books.
 
It's a very emotional time for all concerned. There's a lot to be said for 'least said, soonest mended' type approach. However, I would tell my brother that I wanted to be consulted before any event takes place, not after. You can do this in a reasonable manner and without causing an argument.
 
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