Query regarding solicitors as executors.

hardpressed

If you appoint a solicitor as executor do they take over the sort of the deceased possitions? I have always assumed that the next of kin sort the deceased's clothes and private papers, and the solicitor does the legal work getting probate etc. but heard from a friend today, whose mother recently died and her solicitors are the executors, they took over the house immediatly after the funeral. the daughter had to hand over the keys. Now mother and daughter were close, although the mother has left everything in trust, no grandchildren. Is this what norrnally happens?

I have an elderly relative who has named her solicitor as executor, in her words, to save her neice, who is her next of kin, the bother but I know she would be horrified if it turned out that a stranger had to go throught her possesions.

Does anyone know the answer?

Rach39

If named as Executor in the Will, we would normally make it clear to the family that we will do as much or as little as they wish. Obviously there are duties of the Executor in respect of signature of Oath and other documents, accurate accounting of the Estate monies, distribution etc but in terms of personal chattels, we normally go through the will with the family and generally they are already aware of who's getting what and are happy to distribute the rest among the relatives (unless the will contains a specific clause in this regard). We quite often will take bags and boxes of papers from relatives who don't want the hassle of going through them, and will sift through identifying any accounts / policies etc. Likewise though if the family wish to do this themselves it's fine. If the property is to be sold and the family do not wish to clear it we will bring in a house clearing company to do so. Solicitors do not generally wish to upset folk and understand that although they are often appointed as Executors, more often than not families would not appreciate them turning up at the family home to rummage about!!

RAS

Rach is obviously a nice solicitor. We had to deal with a nightmare who wanted to execute the estate although they did not have the authority to do so. I have every reason to believe that their prime purpose was to maximise their income from the estate.

What I suggest is to make two people you trust executors and specifically state that they can seek legal help as required. That way they can use solicitors as much or as little as they want and can manage the basics of clearing the house as they wish.

Errata

I have an elderly relative who has named her solicitor as executor, in her words, to save her neice, who is her next of kin, the bother but I know she would be horrified if it turned out that a stranger had to go throught her possesions.

Does anyone know the answer?

Legally, unless the executor gives permission, nobody can touch anything that belongs to the estate. That includes everything from the contents of the fridge to the knicker drawer.

MOONGAZER

I agree Rach must be a nice solicitor. My husband and his brother are the execs of their mothers will who died last May. They paid to be sworn in as executors as instructed by the solicitor who held the will, and yet she is still in command of all the money. Every bill that comes in has to be sent to her for action, (water, council tax, etc). My husband wrote to her to see when he and his brother as executors will have access to the money - the estate is to be divided between them, but he gets no reply. The problem is at a time when they were greiving and had no experience of what they had to do as executors, the solicitor took all the bank books etc. I think she is earning easy money out of greif and ignorance. Shouldnt they have been able to open a special account for them to access the money?

SmlSave

I work as a Legal Sec dealing with estates and I've never heard of a solicitor taking keys for the house! Our firm works like how Rach describes.

Shouldnt they have been able to open a special account for them to access the money?

No. (Sorry no idea as to actually why though) The Executors can pay the bills out of their own money if they wish and get reimbursed for it though.

I am assuming that the reason the adminsitration of the estate is still not finished Moongazer is that the property has not been sold yet? Surely everything else has been done?

MOONGAZER

SmlSave -Thanks for that. You are right, the house is still on the market. From what you stated, it would appear that the solicitor is not ripping my husband and his brother off, but I still dont see the point in them paying to become executors. As a layman, it seems she is the executor, and hundreds of pounds are going out of my deceased mother-in-law's accounts for her to pay a few utility bills.
Or am I too suspicious.....

Rach39

Thanks - I try to be nice!!:D that's not really the point tho! The OP was asking advice about a scenario where the Solicitor is appointed as one of the Executors, that's slightly different from where a solicitor is appointed to act FOR the Executors! The main difference is that the Executors sign all the legal documents, albeit that these are prepared by the Solicitor in most cases. It is possible, legal and entirely reasonable for Executors to act without Solicitors in some smaller Estates although we would obviously recommend that legal advice is sought to ensure that all ends are tied up. I've never heard of executors paying to become executors! Are you sure this wasn't a small interim bill raised towards the administration of the Estate?

MOONGAZER

[Are you sure this wasn't a small interim bill raised towards the administration of the Estate? ]

Rach 39- once again thanks for your response, (its just that all this worries me!). Husband and brother went to their mother's solicitor, who held the will, she said they were the executors and would have to obtain Grant of Probate and be sworn in. In order to do this they had to go to another solicitor as she couldnt do it. They found another accross town who swore them in for £5 each. They then returned to the original solicitor who charged them £40 each for her to obtain grant of probate. Approx 5 weeks later, a letter arrived confirming grant of probate and an interim bill for £1,821.25 for her services - writing to gas, electric,bank, and sending a check for the funeral

Savvy_Sue

This does not sound right. When Dad died, my brother called in at the solicitors and picked up Dad's will. We then slowly set about executing it. We did all the work, we went to the probate office. I think the solicitor has actually got them to either renounce their executorship or appoint her to act on their behalf: either way this shouldn't have happened without them understanding it had happened.

Post the text of what they've signed, with names taken out, and see if that clarifies matters.

paddedjohn

when my dad died i went to a solicitor to get probate and he left me to get on with it, empty the house, sell the cars and sell the house, all the cash went to him and when any bills where paid i got the balance to share out with my sisters.