by puddy  09/12/2018  149 Page Views
3 Comments  Wills, probate, letters of administration, powers of attorney
Hi
I am the husband of Anne.
Anne and her 2 brothers do not communicate well. They have very different views on life and how it is to be undertaken. They are however executors of their parents will. No decision on Estate Issues can be made unless all 3 agree. They, the brothers, bully my wife into decisions. When I found this out I approached the brothers and told them it had to stop and that I was going to investigate all estate issues and actions. What I found was extremely disappointing. BEfore I got very far they had put an intervention order (IO) on me. I did gain much information and now I seek to remove them as executors. The main assets of the estate are 2 houses and a parcel of shares.
They have :
A.     Occupied the properties without Anne's consent and because of the IO, we cannot use the properties.
B.     Shares transfers that have not been signed.
C.     Further expenses incurred by the probate lawyers because they cannot understand their responsibilities and have not been willing to discuss options
D.     Removing money from the trust account without Anne's consent
E.     Non communication or huge delays in communication.
F.     Non management of the properties - eg insurance, maintenance
G.     Non agreement to come to mediation
H.     Bullying, Lies, stubbornness, belligerence and denigration
I.     Autocratic decision making
J.     Signing of documents without Anne's consent or authorisation.
K.    Not understanding that Estate Management has to be addressed, they ignore all issues and ask the probate lawyers to do the management hence costs which should not be incurred
L.   Not signing a Disclosure and Cost Agreement from the probate lawyers so that the matter can be finalised.
M. Incompetency in their actions - Tax returns that were lodged with critical information missing. Insurance paid for but not appropriate for the properties. Are just a couple of the instances.

How do I go about removing them as executors and do I have a case?