Executor of Estate Not Carrying Out Wishes of Deceased

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distressed

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27 June 2014
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My situation is that almost six years ago my Father passed away. In his will he stated that the house was to be sold and split evenly 3 ways between 3 family members, one of which is the executor of the will. She has done nothing about this, except to spend money doing pointless renovations etc.. and having her own children living in the house rent free. She is quite well off and I earn a mere $500 a week and am really struggling to survive, and my share of the estate would be enough to make my life a whole lot easier. She is simply refusing to do it and I have no idea what to do..
 

Tim W

Lawyer
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28 April 2014
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Which state are you in?

What does the other beneficiary say?
 

Paul Cott

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26 May 2014
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Distressed, it is not my area but an application to, unfortunately, the Supreme Court, as that will be costly, may be the only way to resolve this situation.

I think you may need some face to face legal advice. Executors are subject to duties to act properly but there may be good reason for the delay, I cannot obviously know.

Hope this gets resolved ASAP.

Paul.
 

winston wolf

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21 April 2014
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Adelaide
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The only good news is that as a beneficiary it makes it easier for the judge (if it goes that far) to take the costs from the executors share rather than from the estate prior to distribution.
What are you reasons for waiting so long?
 

distressed

Member
27 June 2014
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The only good news is that as a beneficiary it makes it easier for the judge (if it goes that far) to take the costs from the executors share rather than from the estate prior to distribution.
What are you reasons for waiting so long?
Distressed, it is not my area but an application to, unfortunately, the Supreme Court, as that will be costly, may be the only way to resolve this situation.

I think you may need some face to face legal advice. Executors are subject to duties to act properly but there may be good reason for the delay, I cannot obviously know.

Hope this gets resolved ASAP.

Paul.
The only reason for the delay is that she wants to keep the house until she retires so she has money for retirement.. but.. as I said she is rather well off and living quite a luxurious lifestyle.. and going on a very long overseas trip next year.. whereas I am a sole parent working in a minimum wage job and not in good health and I don't think I will be here long enough to see my retirement.. let alone enjoy it.. I need to get this done asap as I have my own kids to think about.. All of my requests for it to be settled have been ignored.. but I am not in the financial position to go to a lawyer or the supreme court..
 

winston wolf

Well-Known Member
21 April 2014
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Adelaide
changefpa.com.au
See a lawyer, you may be able to come arrangement.
There is no department for bad executors, its up to you.
 
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Tim W

Lawyer
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28 April 2014
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There is provision in equity for what is called a "delinquent executor".
There is also the possibility that the costs of a disputed will can be met from the estate.
You would do well to seek the advice of a lawyer (which I accept is difficult for you).