Executor of Will: residual beneficiary causing problems.

andysuth

I'm not out to inconvenience her or annoy her.

I just want a peaceful and quick resolution to the red tape BS I've been forced to handle.

I'm the one getting it from both sides.

It just annoys me that you are charged by the government for dying, and then every man and his dog want to make money out of the death.

Abbey haven't given me one consistent piece of information. I've lost count of the number of things they've done that can be interpreted as them "hindering" the application.

I asked one woman who I should invoice for my time having to make up for their incompetency. The lady then helpfully pointed out that the Abbey had nothing to gain from their "mislaying the form": I pointed out they've kept the substantial positive balance of the account for another two weeks and it would have been longer if I hadn't chased them up.

p.s. I don't send Christmas Cards anyway, too expensive!
The people who I care about know I care about them, if they don't then I don't care!!!!

Vomityspice wrote: »

She's not allowed to harass you.

It only takes two incidents before you can nip off to court to get an injunction under the Harassment Act 1997.

The first time she contacts you, give her a written warning, and the second time serve her a writ.

Definitely going to off her Xmas card list!

andysuth

Vomityspice wrote: »

She's not allowed to harass you.

It only takes two incidents before you can nip off to court to get an injunction under the Harassment Act 1997.

The first time she contacts you, give her a written warning, and the second time serve her a writ.

Definitely going to off her Xmas card list!

So calling me twice daily and letters from her solicitor at least once a fortnight would be a valid reason to get an injunction?

NAR

andysuth wrote: »

So calling me twice daily and letters from her solicitor at least once a fortnight would be a valid reason to get an injunction?

Provided you have given her a written warning stating that you consider her actions harassment and that you will take out an injunction if she persists.

andysuth

Just to keep you all updated.

We've got probate, Abbey National conveniently forgot about another account with £5k in it, which we are now required to fill out more forms still.

Prudential have refused to write cheques in her name, must be in the name of one of the executors, She's had a house signed over to her, she's had £200k+ in cheques given to her, and she now calls me twice on saturday and during one of the conversations has told me she intends to get all the paperwork off me (no problem, everything is in order) and then get her solicitor to check it over (BIG PROBLEM).

I take this to mean she intends to cause more problems after the estate has been settled.

I do not trust a word she says anymore after she promised 1. no more involvement from her solicitor, and 2. (unprompted, and on several occasions) to sign the house over to my parents - yet changed her mind when I told her "solicitor" to "perform her requested actions on the house" (rather than what she had expected me to write - something like "Transfer it into her name").

I currently have two cheques in my name from the estate, the will says I should not personally inccur any costs with the dealings of the estate.

Can I use the money from these cheques to employ a laywer to
inspect the account, paperwork and other items on the grounds we expect further hassles from her on a future occasion and this would have to be done at our expense if we were to hand her all the money now?

-AS

clairehi

andysuth wrote: »

I currently have two cheques in my name from the estate, the will says I should not personally inccur any costs with the dealings of the estate.

Can I use the money from these cheques to employ a laywer to
inspect the account, paperwork and other items on the grounds we expect further hassles from her on a future occasion and this would have to be done at our expense if we were to hand her all the money now?

-AS

short answer - yes, the estate should pay for out-of-pocket expenses incurred by executor (but NOT pay for your time). this could include legal advice to deal with the estate, travel to probate interviews, probate fees etc. would probably be advisable to get a solicitor to check over your work as you have suggested (I did this for my dad's estate). think you probably need to set up an executor's bank account to pay the cheques into though and keep good records of all expenditure.

by the way, what was the date of death? I am not aware of any deadline in law for getting a grant of probate, but you have only 6 months from date of death to pay inheritance tax, and interest becomes payable on legacies after a certain period.

the beneficiary is frankly stupid (but you knew that!) in threatening to remove you and employ a solicitor who will charge a % of the estate as fee, when you are doing this for free. as she is the residuary beneficiary all legal costs will come out of her share. so I wouldnt scrimp on the legal advice you take on behalf of the estate yourself, for this reason.

just make sure that you get your legacy, now you have got probate you are on the home straight.

monkey_spank

OP, you have done all the work and the beneficiary has benefited from this. To hassle you so much is a kick in the teeth.

Personally I would have handed the task to a very expensive lawyer to deal with long ago. STEP qualified are excellent (but not cheap) and every letter they have to respond will reduce the fool's inheritance further.

It's not too late to get some representation - check things over etc. The idiot deserves nothing less.

andysuth

Thanks,

She's since the last post had her solicitor hassle me for yet more information claiming I've not told her "what she's received so far" (5 cheques direct from the banks, non smaller than £3.5k, totaling £190k!) or what "she's still got to receive", claiming I don't keep her in touch (I spoke on Sunday, and have received 4 phonecalls from her since then!).

I've basically turned up "inconsistancies in amounts" she's told me since then. including a SUBSTANTIAL life assurance.

She was hassling me to pay an outstanding gas and electricity bill out of my own money and claim it back (prior to probate) when less than a month after his death she received £25k+ in life assurance.

I'm livid. I didn't think there were really people like this out there, yet alone ones that I knew.

I've highlighted this to her legal representative, who is now very civil to me (I think he realises the inconsistencies that weren't there to start with). I don't think he believes she can't keep track of five cheques.

The Estate is now getting top-notch representation. The conveyancing of the house into her name has been put on hold until all tax and legal bills are settled.

People be aware when dealing with gold diggers, if it's not in your interest to help them, don't help them, they are really nasty people.

-AS