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Joint executive of a will.


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17 replies to this topic

#1 Aj-n-Al

Posted 09 October 2019 - 08:48 PM

So sorry this is a what would you,  should I do post.
Dad died Friday gone,  04/10, I've no other details hadn't talked to him nor the sister dealing with him/that for years.
I do know I am joint executive of his will (with sister son,  SD o my nephew).   Things may have changed in those years but if so his lawyer is working off the same info as me.  The joint executive will is current.
So I don't have a death certificate,  not know details of the funeral people.
Do I just ignore it all until a lawyer contacts me?
Happy to do that,  if I do that are there any consequences?
Do I push and muddle my way through,  get the certificate start the lawyer ball rolling , get it started and they can call the nephew in?  (I highly doubt he has anything whatsoever but just to close off legal bases.)
I'm leaning towards ignore,  the lawyer has my name,  address and phone number.  I just don't want to get stuck with outstanding bills,rent or funeral expenses. Not sure if that's fall on us as executives?

#2 Dianalynch

Posted 09 October 2019 - 09:16 PM

I’m sorry for your loss, even if you hadn’t spoken in years it can be tough.

I believe you can decline or renounce being executor of your father’s estate - I’d get in touch with the lawyers and advise them of this rather than ignoring it. I think there’s a form. It probably depends on what state you live in, and I’m no expert, so I suggest you call the lawyer and ask how the process to decline being the executor works.

#3 1975ladybug

Posted 09 October 2019 - 09:44 PM

A death certificate can take up to 4 weeks,

It may be the funeral parlour/ undertaker will provide it to the next of kin, may be have a conversation with the solicitor, you may choose to turn down the role of executor,

#4 Aj-n-Al

Posted 09 October 2019 - 09:55 PM

Thank you both.  I've spoken to the solicitor reception and turning down wasn't mentioned as an option.  I'll ring back.  I was slightly upset and freaking out at the time,  they did say everything had to be done together -closing bank accounts etc and a death certificate provided so I was like fine,  I'm ignoring it all then.  If anything happened they could contact me.
But yeah,  I'd rather be out.  Thank you again

#5 *Spikey*

Posted 09 October 2019 - 09:56 PM

All of a deceased persons debts are paid from their estate. If their estate cannot cover it, and there is no guarantor or other cover (eg, joint debt), then the creditor does not get paid.

Executors are not liable for the deceased persons bills, other than to organise payment from the estate. That might mean selling stuff in order to get the cash to satisfy the debts.

I recommend talking to the solicitor, that should give you an idea how much work will be involved.

#6 Greatmum

Posted 09 October 2019 - 10:21 PM

Contact the solicitor when there is a death certificate they will handle most things thats their job. U may need to sign some documents but they do all the work.

#7 SeaPrincess

Posted 09 October 2019 - 11:50 PM

You absolutely can turn it down. My friend turned it down a couple of years ago and advised her co-executor to do the same and leave it in someone else's hands. It's been almost 2 years and still going on.

#8 Apageintime

Posted 10 October 2019 - 04:29 AM

Yes you can turn it down. I toyed with the idea recently and quite frankly should have. It's been a world of stress and hurt and awfulness. I would never ever do it again.

#9 Holidayromp

Posted 10 October 2019 - 05:56 AM

Step back and let everyone else deal with it.  There are enough executors there withoutt you becoming involved.

There are plenty of examples where there are the ones that sit back and do nothing whilst everyone else does all the work.

As you having spoken to your father in years I am gathering you are estranged so why should him dying be any different?  Just continue with your life as you see fit.

#10 Chchgirl

Posted 10 October 2019 - 06:46 AM

You can turn it down, and the solicitor does most.

I haven't spoken to my mother for a few years and have no plans on doing so again, I asked one of my siblings to get her to take me off being executor as I want nothing to do with it, and write me out of the will.

#11 Molondy

Posted 10 October 2019 - 01:55 PM

General legal advice:

1. you can renounce or turn it down.
2. don't wait for the solicitor to contact you - a solicitor can only act on instructions and his or her instructions will come from you and your co-executor so if no-one contacts him then he isn't obliged to do anything.
3. speak to the solicitor, find out what is going to be involved and then decide whether to renounce or not.
4. don't just ignore it.

#12 spr_maiden

Posted 10 October 2019 - 02:24 PM

My understanding is there are statutory obligations that must be performed by an executor,  and not doing so can result in legal consequences.
I'm not 100% sure how this applies to ignoring your executor appointment,  but if for instance a beneficiary is waiting and reports you,  or your actions incur unnecessary losses against the estate, court proceedings against you can be undertaken.
Your best bet is to contact the solicitor and begin removal of your appointment as executor asap.

#13 Chchgirl

Posted 10 October 2019 - 02:34 PM

I would let them know that you want no involvement asap. I've done that now so when  she passes away down the track I can have no involvement, not even flying to Oz for any funeral.  Best to get out asap.

#14 Chchgirl

Posted 10 October 2019 - 02:38 PM

View Postspr_maiden, on 10 October 2019 - 02:24 PM, said:

My understanding is there are statutory obligations that must be performed by an executor,  and not doing so can result in legal consequences.
I'm not 100% sure how this applies to ignoring your executor appointment,  but if for instance a beneficiary is waiting and reports you,  or your actions incur unnecessary losses against the estate, court proceedings against you can be undertaken.
Your best bet is to contact the solicitor and begin removal of your appointment as executor asap.

That's why I did it earlier this year and made sure I am off, as she is in her mid 70's now and I wanted it to be done now.

Thankfully I'll be living in another country soon so don't know it that would have changed anything.

#15 YodaTheWrinkledOne

Posted 10 October 2019 - 02:43 PM

View PostMolondy, on 10 October 2019 - 01:55 PM, said:

General legal advice:

1. you can renounce or turn it down.
2. don't wait for the solicitor to contact you - a solicitor can only act on instructions and his or her instructions will come from you and your co-executor so if no-one contacts him then he isn't obliged to do anything.
3. speak to the solicitor, find out what is going to be involved and then decide whether to renounce or not.
4. don't just ignore it.
Agree with this. If you know you are executor (sole or joint), I would have thought it was negligent to simply ignore your responsibilities and obligations.

However, you can pull out as executor if you decide at this particular time it is not longer a suitable/feasible/appropriate for you to be involved. But you will need to do this formally and make sure it is properly documented and responsibility is passed over to someone else, etc.

#16 gettin my fance on

Posted 10 October 2019 - 11:48 PM

View PostYodaTheWrinkledOne, on 10 October 2019 - 02:43 PM, said:

Agree with this. If you know you are executor (sole or joint), I would have thought it was negligent to simply ignore your responsibilities and obligations.

However, you can pull out as executor if you decide at this particular time it is not longer a suitable/feasible/appropriate for you to be involved. But you will need to do this formally and make sure it is properly documented and responsibility is passed over to someone else, etc.

Please don't just ignore it.  You need to either legally remove yourself from the responsibility by contacting the solicitor who has the will, or follow through.

If you just ignore it and the estate is mishandled - debts that should have been paid but weren't, taxes etc, disbursements not made according to the will, taxes etc - then you will be held just as accountable as your co-executor.  The buck stops with you until you remove yourself as executor.

#17 Sancti-claws

Posted 11 October 2019 - 06:57 AM

When we did our wills, our executors had to agree to be it - they got sent paperwork regarding it?

I would imagine there is room to decline or refuse it, especially given your relationship with him.

#18 gettin my fance on

Posted 11 October 2019 - 07:12 PM

View PostSancti-claws, on 11 October 2019 - 06:57 AM, said:

When we did our wills, our executors had to agree to be it - they got sent paperwork regarding it?

People and their relationships and circumstances can change over time, eg one of the parties may have moved and it is no longer convenient, the appointed executor may have become unwell/impaired and no longer be capable of undertaking the role.  The parties may have become estranged.

Or they may just not be willing to be an executor any more.




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