NSW Bad Executor of will HELP

Discussion in 'Wills and Estate Planning Law Forum' started by Ashliey, 20 August 2019.

  1. Ashliey

    Ashliey Member

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    My nephew was made as the executor of my mothers estate.
    In the beginning he started sending nasty messages & just being nasty in general.

    He told us to go to the funeral home to sort out funeral as it was "my mother". He was suppose to show up as he is the executor but he never. so we sorted some stuff out but we could not do much as he had to sign papers. He showed up the next day at the funeral home to "sort" it out.

    After the funeral he has sent out the beneficiary money without paying the funeral bill.
    Now asking me to pay half of the funeral.
    As the executor he was suppose to sort all of this out before sending out the beneficiary money.

    Would that make him liable for the costs?

    Is he able to subpoena my bank account to make me pay half of the funeral costs?
     
  2. Perp

    Perp Well-Known Member

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    He's done an appalling job, as you're right that he was supposed to pay funeral costs first. In fact, he should wait some months before distributing the estate in case of a family provision claim.

    I doubt, however, that this error makes him liable for the funeral costs, as he wouldn't have been personally liable for them, in any case.

    If you were a 50% beneficiary of the estate, then yes, you'll be liable for 50% of the funeral costs.
     
  3. Ashliey

    Ashliey Member

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    Before my mother passed she moved into a nursing home so we needed to go & clean out her apartment. So we went down there (its a 4hr drive for us) to start cleaning & my nephew found out & got really mad & said that i shouldn't be in there doing that & for us to get out & he would do it.

    We found out recently that he never cleaned out the apartment & left all of her things in there. In the will it also stated that my daughter was to get 3 gold necklaces & he says he dosent know where they are.

    We believe that he went through her apartment looking for anything of value & left the rest. It just makes me so mad because we could of helped him move the things. We noticed that she never got any of her clothes while she was in the nursing home & found it strange as he told us he gave her the clothes. now we know that he never gave her anything & just left it in the apartment.
     
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