Solicitor slow over probate

sdooley

Just popped in to say I hope things sort themselves out for you now - you've certainly been through the mill with this.

ukmaggie45

sdooley wrote: »

Just popped in to say I hope things sort themselves out for you now - you've certainly been through the mill with this.

Thanks sdooley. :T

S2 is on holiday till 24th November, so husband has been on phone to their assistant this morning. We will send the cheque for £18,000 and the 2 dividend cheques with their attached Tax Vouchers to S2.

Husband also spoke to Accountant 1, who believes that there should be a payment to Mother's estate from the Revenue (Income Tax Rebate). Initially he wondered whether to just get the cheque paid to me since we now have Probate. But after husband conferred with S2's assistant again he will get the cheque made out to The Executors of (Mother's name) Will and send it to husband at our home address.

I'm sure that this is the best thing to do, as from what I can gather the papers were in a bit of a state when Accountant 1 saw them, so there may still need to be more to claim/pay to the Revenue. My gut feeling is it's best to try and keep all the money together until things are sorted out.

Still waiting to hear from the Revenue over the DoV.

So far as we know, the sale of the flat is still going through, prospective purchasers are going to put in surveyor. The damp in the bedroom looks much improved since we had the dehumidifier in there (currently DD and SiL have borrowed it to dry out the new plaster in their building project). So hopefully the chap upstairs getting his window re-done has fixed the problem. We may get over next week sometime to check it again after all the rain.

Once the flat has sold (if it does), there would be enough to finish paying the named beneficiaries - our 2 daughters and my husband. Which would be a weight off my mind.

Husband has begun his 3 day week this week, so yesterday was like a Friday IYSWIM! Will make things so much easier to finish clearing the flat, calling solicitors and accountants, and catching up with all the medical stuff that has been on hold for us. Need to make dentist and hygienest appointments :eek: for both of us, and this afternoon have to go for a routine check up of the female variety :rolleyes: will be glad to get that over and done with! Probably more info than you needed to know!

I would be soooo happy if the estates could be sorted out before the end of this year, but suspect it will drag on a while yet. Am rather sick that can't put anything into savings before the rates drop - yet more lost, and I try not to look at the share prices, it's just too depressing.

Willo1972

the probate office cannot remove an executor only the Court can

ukmaggie45

We're a bit behind with the paperwork since husband has had rotten cold for the last few days which I seem to have caught now. Lots sent off today, and many phone calls made.

We had the Deed of Sale for the flat. Husband's name was spelt wrong on it. One of those names that can be male or female, but convention dictates the spelling on which sex you are.

Husband telephoned the office (it's S1's partner is the conveyancing solicitor) and secretary said it was her fault. But accompanying letter was from partner and signed by him, so I think it was sloppy that he didn't notice the wrong spelling of name... He should have read the letter. After all, he did admit to husband that there wasn't a lot of conveyancing to do. So can hardly make excuse of Pressure of Work.

Husband's point was that this is an extremely important legal document, so names should be spelled correctly. They will send a new copy with right spelling.

Found card saying Mum was registered blind (with a Social Services reference number), this may make difference to Income Tax stuff. Dad also from same date, if I can find the papers.

Hopefully we will have more news in the next couple of weeks.

ukmaggie45

Husband been in touch with S2 again today. For various personal reasons they have been off work till this Tuesday. Intend to chase up the Revenue to find out about DoV and IHT rebate - long enough now to chase it up. Also are about to ask for the estate client account details from S1.

Prospective buyers of parental flat will be visiting at the weekend to see how the damp is now. They will speak with their lawyer on Monday.

I'd intended to go to flat today to take a look and do more packing. But am ill again. Husband will go tomorrow on his own if I am not fit by then.

We have to get the flat cleared ASAP really. We're getting there, but it's going to be an uphill struggle to finish if we do an early completion - both our lawyer and EAs are pressing. But I will bear in mind that it's up to ME, not them. I may be worrying too soon - if the damp isn't fixed we won't have a sale!

Will update when get more news one way or other!

sloughflint

ukmaggie45 wrote: »

Also are about to ask for the estate client account details from S1.

Just been looking back through your last few posts.I hope it's not this bit they are still waiting for.

ukmaggie45 wrote: »

S1 has not sent to S2 the ledgers for the files on my parents from S1's client account. S2 has requested them, will enable them to make real progress when they return from holiday in 2 weeks.

Of course that is dependent on S1 actually sending them. Why do I feel there is a cover up going on at S1's end? I think this is the first time I have managed to put this antsy feeling about all this into words! I am still worried about it all I'm afraid.

You posted that way back on 6/11:eek:

ukmaggie45

Hello Sloughflint, apologies for not responding sooner - have been in the grip of gastroenteritis for the last 10 days so have been a bit intermittent about posting.

I'm afraid they are still waiting for the copy of the client ledger from S1. S2 may not have had time to ask for it before going away, or maybe it got lost in the post, or maybe S1 just ignored it. Husband has been ill too (rotten cold that he's still hacking from) so hasn't been that together either.

We have several things we need to be in touch with S2 about next week, not least of which is where do we get the payment from the parental flat sent to on completion (prospective purchasers are going to flat this weekend to see how the damp is, so will see their lawyer on Monday and it all might happen quite quickly then if it goes ahead). I also have a question about Premium Bonds for them, but they prob won't have the answer to that until they get the ledger. And prob other stuff too - should begin a List!

giverny

Sorry if this is a belated comment and I haven't read the whole thread so don't know whether this has already been mentioned.

Did your solicitor as solictor/joint executer investigate / advise you / your husband about doing a Deed of Variation on your father's estate (assuming he died first, or mother's estate if she died first) to address the issue of IHT reduction, something you can do within 2 years of death and especially useful where both parents die within a short time of each other.

This is a very useful and legitimate way of avoiding some or all IHT depending on the size of the estate(s).

Hope this helps

Kevin

ps - Belatedly now read through some of the thread and see that DOV has been well covered in this thread - hope it all works out for you.

Trix2

Hi UKMaggie, Just to say I have been following your thread for some time. My husband and I have been going through more or less the same thing, since July 2007. Only we brought it on ourselves. We employed the solicitor because it was a big (for us) estate and exceeded the IHT thresh-hold so we wanted to do it right. Also since both parents had been suffering from Dementia for the last 4 years we wanted an easier time. HAH! :mad:

The solicitors have been slow -slow -slow. They haven't kept us informed, and often seem to be trying to cover things up. They don't reply to emails, make mistakes (like only claiming one lot of IHT for the last death when both lots are now available), have paid the HMRC late incurring late charges which were unnecessary, and have recently revealed their charges in the Estate accounts which doubled the expected amount of their bill.

Unfortunately all the caring for Parents-in-Law has left us in a less than fit state to deal with all of this.

Obviously we should have employed a specialist solicitor who would have given us the right info, but we are nearly at the end now, and so desperate to be finished with all of this. I should also add that the solicitor called the estates 'simple' and that all shares were managed with by a wealth management company, so no work was required by a solicitor on that front. The Wealth Management people were bliss to work with, always sent the information quickly when asked, were helpful on the telephone, so that the solicitor did not have to get any of these figures ready, only get back money from a few banks and building societies. What could take that much time? Over a year since my MIL died.

I hesitated putting in this post, as I know it will only make me crosser than ever that we didn't do something sooner about the solicitor, but their slowness has increased exponentially during the last 6 months, and at first we thought things were going on as they should. My husband has been made ill by all this to-ing and fro-ing.

So all I can say to those prospective Inheritors out there is to choose specialist solicitors carefully or 'do-it-yourself'.

Sorry this sounds so doom and gloomy ! But Happy Christmas anyway.:santa2:

sloughflint

Trix2 wrote: »

and at first we thought things were going on as they should.

I think we all fall in that trap to begin with.
Best of luck.