+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 10 of 16
  1. #1
    Join Date
    Jul 2010
    Location
    on a sandy beach!
    Posts
    6,329
    Thanks
    336
    Thanked
    2,197
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts

    Default Lawyers as executor!

    My Aunt passed away Nov 2011, it's almost been a year next week!

    We still haven't heard anything about her will! We sat down he got our details etc?! But that's it.

    I was wondering if anyone could shed some light on how long this will take?! It's really frustrating me I have left multiple messages and no reply! I originally wanted to buy out my other family members but he won't even call me back!

    TIA

  2. #2
    SpecialPatrolGroup's Avatar
    SpecialPatrolGroup is offline T-rex is cranky until she gets her coffee.
    Join Date
    Aug 2008
    Location
    In the messy house, Brisbane
    Posts
    9,481
    Thanks
    2,180
    Thanked
    5,405
    Reviews
    1
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    A year really isn't that long in terms of executing a will. It is frustrating as hell but fairly standard. Every time they call you or you call them they will be billing the estate. But it is not much comfort when you just want an update of where things are at. Hope it is resolved quickly for you.

  3. #3
    Join Date
    Dec 2011
    Posts
    6,718
    Thanks
    3,789
    Thanked
    3,838
    Reviews
    17
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    Awards:
    Busiest Member of the Week - week ended 14/11/14100 Posts in a week

    Default Re: Lawyers as executor!

    That's unusual. I once dealt with public trustee as executor. all was finalised and dealt with in a little over 6 months from memory. I think a lot of out depends on what is to be done. Sell the house, divide assets etc.. But the executor should be keeping you on the loop. sounds a little dodgy to me.

    Sent from my magical black talky thingy using BubHub

  4. #4
    Join Date
    Aug 2006
    Location
    The Mad House
    Posts
    12,508
    Thanks
    663
    Thanked
    1,268
    Reviews
    4
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 posts
    Awards:
    Past Moderator - Thank you

    Default Lawyers as executor!

    If you're not getting any answers from the executor, and the executor is a solicitor, then perhaps you should ring the Law Society in your state for some guidance.

    I used to work in probate and some matters can take forever do you have a copy of the will? Are you a beneficiary?

    If you are a beneficiary, then you should be kept in the know of how the matter is progressing do you have your own legal representation?

  5. #5
    Join Date
    Jan 2009
    Posts
    10,611
    Thanks
    404
    Thanked
    1,918
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 posts
    I act for executors in estate administration, and unless it is a large and complex estate or there is some litigation, it should be easily wrapped up in a year, generally less.

    I'm in Queensland though. I'm not sure if probate takes a bit longer in some other states.

    If you are a beneficiary they should communicate with you. If beneficiaries contact me, I will always give them an update on how the administration is progressing. If you feel that they are not carrying out their executor duties properly, then you should see your own solicitor and get that solicitor to communicate with the executor.

  6. #6
    Join Date
    Dec 2011
    Posts
    6,718
    Thanks
    3,789
    Thanked
    3,838
    Reviews
    17
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    Awards:
    Busiest Member of the Week - week ended 14/11/14100 Posts in a week

    Default Re: Lawyers as executor!

    Quote Originally Posted by MsMummy View Post
    I act for executors in estate administration, and unless it is a large and complex estate or there is some litigation, it should be easily wrapped up in a year, generally less.

    I'm in Queensland though. I'm not sure if probate takes a bit longer in some other states.

    If you are a beneficiary they should communicate with you. If beneficiaries contact me, I will always give them an update on how the administration is progressing. If you feel that they are not carrying out their executor duties properly, then you should see your own solicitor and get that solicitor to communicate with the executor.
    I have recently been told that I am being listed as an executor in someones will. What exactly are an executors duties. I don't want to derail but I think my question may also help OP in understanding her situation as well. I have been a beneficiary before so I know the outcome and am a little worried about the responsibility.

    Sent from my magical black talky thingy using BubHub

  7. #7
    Join Date
    Jan 2009
    Posts
    10,611
    Thanks
    404
    Thanked
    1,918
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 posts
    Quote Originally Posted by DesperatelySeekingSleep View Post
    I have recently been told that I am being listed as an executor in someones will. What exactly are an executors duties. I don't want to derail but I think my question may also help OP in understanding her situation as well. I have been a beneficiary before so I know the outcome and am a little worried about the responsibility.

    Sent from my magical black talky thingy using BubHub
    Basically to collect the assets, pay the liabilities and distribute to the beneficiaries as per the will. You can put it in the hands of a solicitor, and they will do all the legal work for you.

    to make life easier, ask the will maker to make a list of their assets and liabilities and any notes as to where things are kept etc before they die. Otherwise, you could be having to go through their whole house looking for copies of statements and trying to work out what you have to do, which can be a huge job and assets can be missed.

    after they die, if you don't want to do it, you can always renounce as executor anyway. it's not an appointment you have to accept.

    eta: i often comment to clients that being an executor is a pretty sh1tty job - boring work, no pay and you get hassled by the beneficiaries about when they are getting their money! (in saying that, you can apply for a commission for being an executor, but, at least in qld, it's not much money and it can be a hassle to get)
    Last edited by MsMummy; 08-11-2012 at 12:28.

  8. The Following User Says Thank You to MsMummy For This Useful Post:

    DesperatelySeekingSleep  (08-11-2012)

  9. #8
    Join Date
    Jul 2010
    Location
    on a sandy beach!
    Posts
    6,329
    Thanks
    336
    Thanked
    2,197
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts

    Default Lawyers as executor!

    I have a lawyer & I think I will contact him next week. I haven't received one phone call at all! Or my Dad etc... I'm rather annoyed As I was going to buy out the other parts if possible but not even a hint possible if they don't call back!

    I am a beneficiary yes, I'm getting half the estate and the other half is divided into eighths etc (It seems so confusing)!

    They didn't even give us a copy of the will! Just read it to us on the day, lucky my Grandma had one!

  10. #9
    Join Date
    Jul 2010
    Location
    on a sandy beach!
    Posts
    6,329
    Thanks
    336
    Thanked
    2,197
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts

    Default Lawyers as executor!

    Thanks heaps for your information I thought I might of been over reacting my mum thinks they can take 'as long as they want' surely not :/

  11. #10
    Join Date
    Jan 2009
    Posts
    10,611
    Thanks
    404
    Thanked
    1,918
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 posts
    An executor (professional or otherwise) has a duty to carry out the estate administration and distribute the estate to the beneficiaries. A year is generally the accepted time frame, but subject to the individual estate.

    An executor cannot sit on their hands long term, and an aggrieved beneficiary can apply to the supreme court for a remedy.


 

Similar Threads

  1. Family Lawyers in Perth who are good but not extremely expensive - recommendations?
    By frayzlilso in forum Step-parents / Blended families
    Replies: 1
    Last Post: 18-04-2012, 15:14
  2. Replies: 3
    Last Post: 30-03-2012, 09:35

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
christmas gift guidesee all Red Stocking
Mother and Baby Shop
Save $$$ during our Christmas Sale Mother and Baby Shop
Great prices on Schoenhut kids pianos, toys, baby clothing as well as big brands like Pigeon, NUK, Cherub Baby and many more. Sale starts on 1 November 2016 and ends on the 27 December 2016. Hurry! Place your order today!
sales & new stuffsee all
Pea Pods
Buy 2 Award Winning Pea Pods Reusable One Size Nappies for only $38 (in your choice of colours) and receive a FREE roll of Bamboo Liners. Don't miss out, we don't usually have discounts on the nappies, so grab this special offer!
Special Offer! Save $12
featured supporter
The MAMA Centre
Pregnancy, birth & beyond care with your very own midwife. Home & hospital birth support, VBACs, antenatal & postnatal care by medicare eligible midwives & holistic health practitioners. Massage, chiro, naturopathy, yoga, counselling & beauty therapy
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!