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When my mother died I was working overseas and reserved my power as Executor. I am now concerned with the way the estate is being handled so what is the process to get myself reinstated as an Executor?
When my mother died, I was working overseas so was advised by the family Solicitor to allow my sister to act as Executor and I reserved my power as Executor to make things easier. The Solicitor has now been dragging his heels for several years with regard to settling the estate and my sister has behaved in an underhand way regarding various things and isn't speaking to me now so I'm uneasy about the whole thing. What is the process to get myself reinstated as an Executor? I've made an appointment to see the Solicitor but would like to go in armed with some information so I know what to expect/query!
If power has been reserved to you then you can join in as Executor simply by swearing an oath - any Probate Registry (you should be able to find their details on the internet or in the phone book) will be able to give you the exact requirements.
Some estates can take a surprisingly long time to deal with, particularly if there are lots of assets or issues surrounding inheritance tax or capital gains tax etc. Nevertheless, if you are a residuary beneficiary then you are entitled to information such as how long it is likely to take to administer the estate, what the Solicitor's fees will be and what the estate consists of in terms of assets and liabilities, amongst other things.
By all means be very frank with the Solicitor and express your concerns to him. If your sister is behaving in an underhand way then she may be breaching her duty as Executor and the Solicitor should be made aware of this.
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