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Mother's Estate - Issues with Executor of Will

Discussion in 'Wills and Estate Planning Law Forum' started by Pong, 23 June 2014.

  1. Pong

    Pong Member

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    Hi,
    I'm on here asking some questions in regards to my Mothers estate. She died last year, in Perth, and her personal friend was names an the executor.

    Mum was a trustee of a Testamentary Trust at the time for her granddaughter. The executor claims that she is the Trustee of this trust fund now. And has taken it upon themselves to claim that our Mother "stole" $25'000 from the estate, and is removing it from the estate to put back into the trust fund.

    We were forced to send a letter from our lawyer, to her some months ago, because she was un-willing to give us any information. She assigned a Lawyer to right a reply back (from the Estate), only naming less than half of the questions we asked her.

    Since that point, she has decided to keep this lawyer on as an estate lawyer, and is using him as a kind of "silent executor". We have recently asked for a Interim Payment. As we are short of money and most of my mothers assets are sold, and bills are paid. We decided to mail this request to Estate Lawyer, as she unluckily takes weeks to reply to us.

    The Estate lawyer claimed that she is unwilling to pass money over to us, unless we agree to certain proviso's, which we disagree about.

    We have also asked for a sit down with her to go over the issues that we have. She refuses to sit down with one of the Beneficiaries, and has asked for us to send our issues to the Estate Lawyer instead.

    My questions are:

    1. Is she allowed to decline an interim payment. Even though she has over $200'000 sitting in a bank account?

    2. Is there a conflict of interest with her being the trustee of the Testamentary Trust and the Executor as well?

    3. To what degree can she use a lawyer as an Executor. And is that lawyer able to comment in regards to the trust fund.

    4. If she is called to a mediation, can she decline. If so under what grounds.

    I have many other questions to ask, but these are likely my most important ones at this point.
     
  2. winston wolf

    winston wolf Well-Known Member

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    I give some "practical" answers rather than strictly legal ones.
    1. Yes. Interim payments are a bonus.
    2. I don't think so unless she is a beneficiary of the trust.
    3. She is probably not really using him as a executor. She is appointing him to do work for the estate. Unfortunately its her choice.
    4. Not sure on this one. But I don't see why she would need to attend mediation unless you were applying to have her removed.
    A difficult executor can drive you mad, but it is what it is.
     
  3. Pong

    Pong Member

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    Thanks for that. Obviously getting a lawyer to go over this stuff is the only option we have in regards to this matter.
     

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