My 2 younger brothers and myself are executors of our Mother's will. 6 weeks after Mum's death, I drafted the ads for probate and told them what had to be done, but they told me to cancel everything, that I was moving too fast and was just after her money. I lived close to Mum and had been the one doing almost everything for her.
I was the one who found her passed away when I called to take her to the doctor as I had been concerned for her and checking on her regularly. I was able to pay the funeral expenses as Mum had given me a credit card in my name, as I used to pay a lot of her accounts and do shopping for her. (The card was forfeited to the bank after the funeral when I took documents in and informed them of her passing.) I explained to my brothers that we needed to obtain probate to pay her debts as she had a fence repaired, plus her power, phone, car rego and house insurance were soon due for payment.
When queried, they said they knew what probate was for, but when I insisted they pay the house insurance (as I had then had to pay the car rego, phone, power and fence repair accounts), they asked me if they took the account to the bank would the bank pay it. I informed them they could not do that as we needed probate for any debts to be paid. (Obviously they don't know what probate is for.) I informed them of the time frame for obtaining probate, distributing assets, and limitations on the sale of the house regarding capital gains but they have ignored me.
Two sisters have been left $10,000 each before other distributions, and the brothers told them just recently that they will get their money "when we are ready". I have also pointed out to them that executors can personally be sued by beneficiaries, but this also has been ignored. Mum's home is also just sitting idle and is deteriorating. (All my information to them was in writing).
Is there any way my 2 sisters and I can have them removed as executors, and proceed with administering the will?
I was the one who found her passed away when I called to take her to the doctor as I had been concerned for her and checking on her regularly. I was able to pay the funeral expenses as Mum had given me a credit card in my name, as I used to pay a lot of her accounts and do shopping for her. (The card was forfeited to the bank after the funeral when I took documents in and informed them of her passing.) I explained to my brothers that we needed to obtain probate to pay her debts as she had a fence repaired, plus her power, phone, car rego and house insurance were soon due for payment.
When queried, they said they knew what probate was for, but when I insisted they pay the house insurance (as I had then had to pay the car rego, phone, power and fence repair accounts), they asked me if they took the account to the bank would the bank pay it. I informed them they could not do that as we needed probate for any debts to be paid. (Obviously they don't know what probate is for.) I informed them of the time frame for obtaining probate, distributing assets, and limitations on the sale of the house regarding capital gains but they have ignored me.
Two sisters have been left $10,000 each before other distributions, and the brothers told them just recently that they will get their money "when we are ready". I have also pointed out to them that executors can personally be sued by beneficiaries, but this also has been ignored. Mum's home is also just sitting idle and is deteriorating. (All my information to them was in writing).
Is there any way my 2 sisters and I can have them removed as executors, and proceed with administering the will?
