Problems with executor of deceased estate

[pewdiepie]

Hi all. My cousin lost a friend tragically, a few years ago. Right now she's almost suicidal. Her friend left a big portion of his estate to her and some other friends and family. They have been having huge difficulties making any progress with getting the estate wound up and the executor basically just ignores them. He did register with the master of the supreme court and they've seen a draft L&D account statement, but the few documents he's supplied don't add up. Possible fraud. From what I can gather the beneficiaries have had at various times engaged at least two different lawyers. Every time they get a lawyer to assist, all that happens is that the lawyers correspond with the beneficiaries and amongst themselves and then bill for all the time, without ever making any progress or getting a full accounting of what is happening with the estate. Is this normal? When my cousin tells me what's been happening I find it hard to understand why their (expensive) lawyers seem to be so laid back about it all. Personally, I would have expected them to have taken a much more aggressive approach, given the lack of cooperation and gaps in accounting.
What courses of action should they take? Can they get the executor removed? Should they open a criminal investigation into missing funds? Should they contact the Master of the Court? If so, what would they do about it. Any help and suggestions would be massively appreciated.

 

[markotwain]

@pewdiepie Just wanted to let you know that the Master of the Court is currently next to useless. They are extremely slow and incompetent when they are not being corrupt. Trying to get anything done through them is just ridiculous. My gran died over two years ago. They're still trying to settle the estate fully. The Master of the Court is the primary reason for the delays.

The executor may be bad, but the lack of progress is not necessarily because they don't care.

 

[kayla37]

@markotwain This. I work with estates everyday. It’s absolutely shocking.

 

[markotwain]

@kayla37 We found out this afternoon that the major reason for the delays was because the assistant to the executor (a lawyer) had been doing absolutely nothing for months and had also been stealing from him. Not that the Master of the Court isn't utterly useless anyway, but in our case it turns out that they aren't the only problem...

 

[inneed87]

@pewdiepie They can approach the Legal Practice Council and lodge a complainant against the attorneys. They must have supporting documents with them, an investigation will be conducted by the LPC, if they find any misconduct then appropriate sanctions will be taken.

 

[erin]

@pewdiepie Hey frank, my dad passed away and i am currently using Sanlam to settle the estate, they always keep you up to date, i think they should consult with Sanlam they are above board and usually they charge a percentage of the estate, which might be a bit much depending on the value of everything.

 

[kayla37]

@pewdiepie What do you mean by the documents he supplied don’t add up? Are these documents the executor sent you or have you seen the L&D account yourself? I’m not saying that it can’t be fraud, it’s just that deceased estates can be very technical and there are a lot of rules and regulations that might seem odd or out of place to a lay person.

You can have an executor removed but again only the Master can authorise the removal and it’s a really long and tedious process.

Some lawyers don’t really give deceased estates the time of day because it’s just not their area of practice. But like someone else commented the Masters office is extremely slow and understaffed. It’s terrifying.

My advice would be to approach an attorney or firm who specialises in deceased estates. Not only will they be able to pick up any discrepancies but they usually have the know how and the contacts to get something moved through the Masters office quicker.

Sometimes the combination of bereavement and the possibility of inheritance just brings out the worst in people. If it is at all possible, try and get your cousin to have an amicable discussion with the executor. From there, you can try and convince them to consult an attorney who specialises in estates. But don’t just pick the first guy you find on Google. Do your research, ask around.

It’s not an easy thing to deal with. Good luck.

 

[wanji26]

@pewdiepie Sorry, but the Master of the Court is currently not a functioning entity. You have to lay some heavy grease on the palm for things to move on.

It is one of the clearest signs of a dysfunctional, collapsing society, the managers are nowhere to be found, all the offices are empty but salaries still get paid.

It is beyond fucked up, they will not be able to fix this.

 

[ne0phyte2021]

@pewdiepie I think I read there is a time limit of six months to settle the estate once it has been registered . How are the lawyers just ignoring the timeline?