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Query about executor of late fathers will & probate?

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Hi All

My father's estate has recently been wound up and probate granted. I'm not completely happy with the work of the executor though.

He had wanted to sell my father's house but I insisted that I would keep hold of it until I wanted to sell it. He was supposed to have informed the land registry about probate and I assume that the deeds would be transferred over to my name. However, after getting a HIPS done for the house I find it is still in my Father's name. I questioned the executor and he said he has written to land registry about this but I actually don't believe he has nor do I believe has has a clue what he is supposed to be doing.

Could someone advise me what is supposed to happen in this situation, how I can obtain the deeds, how this will affect me selling the property (its now on the market) and how I can get this changed myself if the executor has failed to do it.

Cheers in advance.

J
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Comments

  • lincroft1710
    lincroft1710 Posts: 18,867 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The duty of an executor is to settle the estate of the deceased and ensure that the beneficiaries receive what may be due to them according to any will the deceased may have made, and to pay any creditors from any funds of the estate.

    You will need a solicitor to act for you as vendor, so I would ask his advice, especially as the house is already on the market.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Hi Lincroft

    Thanks for that. I had no plans to use a solicitor for conveyancing due to their extortionate costs so I guess I'm scuppered there unless I change my mind about that!

    What I need to know is what I can do to ensure this executor finishes the job properly. He has finished as far as he is concerned and has paid all the outstanding bills and distributed monies, and of course taken his fee!
  • david29dpo
    david29dpo Posts: 3,903 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Who is the executor?
  • Hi David, it was a friend of the family who is also an independent financial advisor.
    J
  • david29dpo
    david29dpo Posts: 3,903 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Who was the house left to? Why did he charge?
  • Entire estate was left to me. He charged the rate my father agreed with him when he appointed him.
  • david29dpo
    david29dpo Posts: 3,903 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Then his job was to give the house to you, not sell it. Why has he chosen to sell?
  • melb
    melb Posts: 2,886 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    perhaps you could try getting in touch with the land registry yourself. We have contacted them on a couple of occasions about a boundary dispute and also transfer of ownership of property in the same situation as you (althoughin our case my OH was the executor and also part-beneficiary) and we always found them very helpful.
  • Jammer67 wrote: »
    Entire estate was left to me. He charged the rate my father agreed with him when he appointed him.
    If you were to get the house rather than the proceeds of sale [or at least the choice] under the will, he has not done the job and is, I think probably personally liable to put it right.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    i cannot see any problem if you get a copy of your fathers will, the probate certificate and then approach the land registry yourself and get the property changed into your name . They are most helpful in advising which forms to fill in, and how to do it, and, provided it is mortgage-free, it is not complex to do this. i did it for a house i inherited.
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