Solicitor slow over probate

ukmaggie45

Husband just rang to say S2 had just been in touch with him. They are just recovering from a second bout of flu, so took our papers home last night. There's 2 letters in the post (one for each estate) that we should get tomorrow. Heard from the Revenue that they are accepting the DoV. :j S2 will be sending out the form for reclaiming IHT first to S1, and then to husband (both executors need to sign).

S2 is not happy with various aspects of the estates, including the share valuations done by a company appointed by S1, so is going to get someone else to re-value.

S2 also hopes to transfer the shares to me as soon as possible, as the dividend cheques are still going to the parental flat, and from the end of the month it will be someone else who owns it, and we won't have access.

So it looks as if we finally have some movement towards finishing things off.

Thank you to everyone who has read and contributed to this thread, without suggestions made here we would never have got things sorted out correctly.

I'll keep updating as we get further information, as it may be useful for other folks to know how things move on from here.

:beer:

Savvy_Sue

ukmaggie45 wrote: »

S2 also hopes to transfer the shares to me as soon as possible, as the dividend cheques are still going to the parental flat, and from the end of the month it will be someone else who owns it, and we won't have access.

I don't know if you can arrange for post to be forwarded after someone has died, but if you can then I would consider that money well spent. I would also make sure that the new owners have your address, perhaps left in a 'hope you're happy in your new home' card, and ask them if they would be so kind as to forward any mail which arrives.

In fact if you CAN'T forward post after someone has died, I would even think about giving them a sheet of labels with your address on, and explain that it hasn't been possible to arrange for post to be forwarded.

So glad to hear that things are finally moving in the right direction. You never know, it MAY all be sorted out this year!

Errata

Good to hear S2 is now moving things along at a good pace.

Mail can be redirected when someone has died, see http://www.royalmail.com/portal/rm/content1?catId=600008&mediaId=50900697#50900277

It's always worth leaving the new owners with a sheet of labels as Sue suggests, as in my experience the odd bit of mail doesn't get redirected - mistery of life
no. 327 !

ukmaggie45

Thank you Savvy_Sue and Errata for reminding me about getting the post forwarded. We probably should have done it months ago, but were visiting the flat so frequently to pack up and clear and so on that it wasn't particularly necessary at the time. Plus because of all the packing, clearing etc we were both too shattered to even think about doing it.

We had the letters from S2 yesterday, but I was upset by seeing in words some of what we had suspected is possible correct so didn't feel up to posting immediately. I'm sitting here shaking my head at how things have gone, and just not believing we could have been so stupid as to believe S1 was getting on with the job.

Anyway, here's the letters, shortened a little, and anonymised (how do you spell that?) as well as I can:

==============>>>

Father's Estate and general update.

Reviewed file and documentation about Estate from S1's firm, Revenue has confirmed a repayment is due and forms sent out.

Prepared rough accounts for Father's Estate, can't begin balance them because of information missing.

Asked us about when S1 got the information about assets. S1 took some time to contact all banks etc.

Share certificates collected from bank when probate granted, but Registrars not contacted to register death. S2 will do this.

Question about advice given to us about the shares.

Closing statements missing from banks.

S2 will write The Revenue concerning (Father's) death.

May be potential repayment, so asked permission to instruct Accountant 1 to look into this.

============>>>

Mother's Estate

Much the same problems as with Father's Estate.

Accountant 1 has written three times requesting information to complete Tax Return to date of death. S2 cannot find P60s on file so will request replacements.

S2 will register Probate with Companies, and also get both parents' shares re-valued.

S2 thinks the process may all take some time, as information needed may be more difficult for Companies and Banks to provide because of lapse of time.

==================>>>

Urk, don't really know what to say! Other than shake my head yet again at our naivety.

Second Edit on 11 Jan to add short version of letters.

Errata

Maggie, don't beat yourself up over this. Save any beating up that needs to be done for S1. I've followed your postings from the start and I'm left wondering how much more the shares would have been worth if S1 had worked in a timely and professional manner. No doubt this is something you will perhaps be discussing with S2 when the dust has died down. Best wishes.

fredsnail

It's not your fault Maggie - many people would assume that as an executor S1 would have got the job done. I agree with Errata that let things take their course now - and a discussion with S2 on what happens now with S1.

Thank you for posting this journey - I know it's been hard for you - but I know that by posting you've helped many others avoid the same path.

djohn2002uk

I can only reitterate what Errata says. Just think to yourself that it's been a hard slog up the hill but it seems now that you are over the brow and the road back down is going to be much easier.
Best of luck.

ukmaggie45

Thanks Errata, Fredsnail and djohn2002uk for your support. I've put back a shortened version of the letters in #205.

When I started this thread I was looking for information, and people have been very generous with their time and suggestions. :beer: I'm keeping it up as I do think that it may help others who may have similar problems. But sincerely hope that nobody will need to find it and read it!

Trix2

When I first posted to your thread I thought we were about at the same point (after a year and a half) in fact it was spooky. I hadn't realised you hadn't had the accounts yet. Sorry to hear that - but at least your 2nd solicitor sounds on the ball. We too had to pay lots for shares that were valued at the high point of the market in July 2007, not to receive them until they had dropped by 20-30% (at a guess - it may be more now). We also have had to pay tax at this rate, even though we didn't get the shares till 2 months ago. I don't know what you can do about it if anything. Any suggestions let us know.

Also - just to let you know - the solicitors secretary has been misleading us about what was going on. We have got to the point where we ring up anyone she says she has contacted to see if this has happened. Frequently it hasn't. We were recently able to tell her that the Solicitors had received notification from the HMRC 5 days before. While she was still telling us she was chasing them up! Astounding.

The very best of luck with it all - I hope the flat sale goes well. You deserve some good luck and good times now._party_

ukmaggie45

Trix2 wrote: »

When I first posted to your thread I thought we were about at the same point (after a year and a half) in fact it was spooky. I hadn't realised you hadn't had the accounts yet. Sorry to hear that - but at least your 2nd solicitor sounds on the ball. We too had to pay lots for shares that were valued at the high point of the market in July 2007, not to receive them until they had dropped by 20-30% (at a guess - it may be more now). We also have had to pay tax at this rate, even though we didn't get the shares till 2 months ago. I don't know what you can do about it if anything. Any suggestions let us know.

If solicitor has been very slow, it's possible to complain via the Legal Complaints Service. We are waiting to see if we get a bill from S1 - if we do we will most certainly be making a complaint and also asking the LCS to look at it.

S2 is hoping to transfer the shares at their value at time of deaths - I think it's to do with possible CGT if/when we sell. But doesn't trust the valuations originally done, plus some of the list of companies the firm involved didn't give a valuation for - not sure if that's cos they'd been sold, or the company gone bust. S2 wants to make sure that everything is above board.

So we're still waiting for the shares - some have dropped to about a tenth of their value at the time of deaths.

Trix2 wrote: »

Also - just to let you know - the solicitors secretary has been misleading us about what was going on. We have got to the point where we ring up anyone she says she has contacted to see if this has happened. Frequently it hasn't. We were recently able to tell her that the Solicitors had received notification from the HMRC 5 days before. While she was still telling us she was chasing them up! Astounding.

We could never find out what was going on either. What really tipped us over the edge was when S1 told husband that he'd done Deed of Variations before but that it wasn't relevant in our case ("otherwise everyone would do it"!). That's when we went to see S2 to ask their opinion.

Are you finally through the maze yet?

Trix2 wrote: »

The very best of luck with it all - I hope the flat sale goes well. You deserve some good luck and good times now.

Thanks for your good wishes.

We're keeping our fingers crossed still.

We went over to the flat twice over the weekend to try and finish clearing, and will make final visit on Thursday 29th, completion is on 30th. There's a book case that is too awkward for husband to manage to carry to the car on his own - I am disabled so can't lug heavy stuff around. Younger daughter is taking a day off work to help out. Plus there's a few small bits and pieces still to pack, but I ran out of newspaper for packing them up. :rolleyes:

There's also a leak in the living room ceiling now. And the lady underneath has one too. We had south westerly gales with torrential rain, ideal weather for the wet to find its way in! We think it's from the balconies, certainly the one on parental flat is a mess with chipped tiles etc. Told the Estate Agents, but they think it's up to the Management Committee to sort it out since it's the outer fabric of the building. If you see what I mean!

Found a dividend cheque for around £250. We haven't been able to set up the mail re-direction yet as we have to produce the Death Certificates, and I can't find them - got tidied up before Xmas. S1 actually had 3 of them for each parent, but it looks as if S2 didn't get them yet. Husband tried to ring S2 yesterday but they were out and we had to go out (plus I was on phone then as have had a dodgy payment on debit card so had letter from bank about it and had to phone them) before they called back. He's going to try and call S2 again today.

We are both completely and utterly worn out. I spend most of my time muttering "Oh dear, oh God, sorry" and in a state of free floating anxiety. Of course some of the anxiety has reason as with attempted debit card scam, the third I've had, 2 of them in the last 6 months. Having difficulty eating, and have lost approaching 2 stone in the last few months. Good thing I kept all my smaller size clothes when my weight went up - one of the few advantages of being a clutterer!

Husband joked he felt like graffiti-ing front door to S1's office with "Incompetant b*****d inside"! My suggestion was "abandon hope all ye who enter here"! :rotfl:

The money for the flat will be sent as a cheque to S2, and I'm hoping they will then feel able to pay out the rest of daughters' inheritance and also money left to husband - he has had considerable expense over this whole business so is now practically up to limit on credit card, plus is even considering taking out a bank loan just to hold things together for the moment. :eek:

We were lucky with our choice of Estate Agents - they have really worked hard for us, even going in most days to check the dehumidifier when we had that running in the flat after the bedroom leak.

Sorry for rambling on so much, had meant to post ongoing news sooner, but been too distracted.