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QLD Executor of Will Not Communicating with Beneficiaries?

Discussion in 'Wills and Estate Planning Law Forum' started by Mushroom, 4 April 2016.

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  1. Mushroom

    Mushroom Member

    4 April 2016
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    My sister is the executor of will to my mother's deceased estate. My 3 siblings and I, including the executor of will, are beneficiaries in the estate. The Will states the deceased estate is to be shared equally between all 4 beneficiaries.

    There is a family home involved. The executor of will has not put the house on the market yet - 5 months after mum's death. The house cannot be rented 'as is' due to no functioning kitchen - needs total replacement - and toilet and bathroom also need renovation. The executor is considering having this done and then renting the house out.

    The house is in a small rural town where there are a significant number of houses on the market due to the drought conditions. The market is not moving at all in that area. An offer to purchase has been made on the house which was rejected by the executor of will - no consultation or advice to beneficiaries.

    Another offer was made to my sibling - who attempted to pass on the message to the executor of will - however he did not even get to pass on the message due to the executor of will being abusive and stating that the person offering had no right to contact him.

    Are we entitled to know what assets existed at date of death - and any offers made on the house - and any significant costs incurred against the estate. eg. cleaning of the house $700?

    If we are unaware of any offers on the house, how can we be sure that the executor of will is acting in our best interests? Can the executor go ahead and do the renovations and rent the house out without any communication with us?

    We are in Queensland. My sister has engaged a solicitor who organised Probate and is apparently going to do the conveyancing on the house when it sells. We are not privy as to the name of the Solicitor. Is this information that we can request?

    Apparently the solicitor has suggested renting off the property. My sister seems intent on creating conflict so that she does not have to communicate with us. I asked the question as to mum's bank account to be told that there was $57000 on death, with $40000 remaining - then told she does not have to tell me anything - and that is what is there now but may not be there at distribution.

    Can we ask about the type of account in which that is being held and if it is her intention to make any interim partial distribution at the 6 month stage (I believe it is best to wait 6 months)?

    Both my brother and I are in financial hardship at the moment.

    Can you please tell us if we do have any rights at all?

    Thanks in advance.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Mushroom,

    The executor of an estate has fairly broad discretion to administer the estate as he or she sees fit as long as they distribute it in accordance with the terms of the will. There is no requirement for them to distribute the will within 6 months. In fact estates are never usually administered in under 6 months in case a claim is made on the estate in which case the executor would be liable. Therefore you can expect your distribution between 6 and 12 months after the date of death of deceased. After 12 months you must be paid interest on any monetary gifts.

    The following may be helpful:

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