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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32892
Experience:  Over 25 years experience in law
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Is it possible executor of person's will to take up

Resolved Question:

Is it possible for an executor of person's will to take up an action against the beneficiaries of that estate and it not be a conflict of interests and the executor have to resign from his position?
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
can you explain the question a bit more
Customer: replied 1 year ago.
My brother is an executor of my mother's will together with my other brother. At the time of my mother's death and for some years previous to then he was living with my mother rent free. My mother had a chronic respiratory illness and her health deteriorated over a number of years . Because my brother was living with her,and without consulting any of his siblings he took over a good deal of her care although my 2 other siblings and I contributed to her care also.I should say that my mother did not need full time care until a few weeks before her death and we all helped with that.
My brother is self employed and is now saying that because of caring for my mother he lost a proportion of his income and after discussion with a solicitor feels he has a good case for pursuing this loss of earnings from my mother's estate. He has remained living at her home rent free since her death.
Expert:  Thomas Judge replied 1 year ago.
I seer. No he does not have a good case to recovering a share of the estate for her care unless it was agreed at the time. I would be minded to either discuss this with him and explain it or get a solicitor to write a more formal letter to him. Happy to discuss but please rate positive
Expert:  Thomas Judge replied 1 year ago.
Please rate positive
Customer: replied 1 year ago.
Thank you for your reply. I don't feel ,however ,that you answered my original question.
Expert:  Thomas Judge replied 1 year ago.
whats outstanding?
Customer: replied 1 year ago.
Is it possible for an executor of a person's will to take up an action against the beneficiaries of that estate without having to resign from being an executor?
Customer: replied 1 year ago.
Or would there be a conflict of interests.?
Expert:  Thomas Judge replied 1 year ago.
Strictly speaking he would not be taking an action against the beneficiaries. He would be bring a claim against the estate - the estate should not approve his claim - that would be a conflict of interest. He would not be acting in the best interest of the estate and as such thus the beneficiaries. Please now rate positive.
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32892
Experience: Over 25 years experience in law
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