Death of a Family Member

big_Daddy_Dave

I need some help here, but I cant find the right room, would a mod please move this if not appropriate.

basically, my step dad passed away roughly 3 weeks ago, he had a will.

the coroner is holding an inquest, but the lawyer wants to have the funeral ASAP for some reason, he's also appointed executer (i think this is pretty important).

now Ive lived away from my step dad for around 3 years so this isnt my issue, but my older sister was still living with him when he passed, he had 2 homes, one he n my sister lived in, the other he rented out. the will states the rental house should go to my uncle, but theres nothing about the one he was living in.

The solicitor has now told my sister to move out because he wants to sell the house to cover debts, problem is, he doesnt know if he has debts, he doesnt know if he still has a mortgage, he doesnt know how much money he had left, he doesnt know if he had a life insurance policy, he doesnt know if he had any insurance to cover his bills after death, he hasnt got a complete list of his assets.

he says he's the executor, could he kick my sister out like that because he wants to sell it without knowing the full extent of the financial situation? said nothing about the other house, I would have liked to get a clear picture of his financial situation, pretty sure he had no mortgage, plus he was her legal guardian and she was listed as a dependant on several things. and if he can, what should my sister do?

help please

thanks

Tixy

Hi
Have you or your sister seen a copy of the will? or another member of the family - uncle perhaps?

Is the solicitor the only executor?
If the lived in house is not mentioned then it forms part of the residual estate - who is/are the beneficiaries of the residual estate?

Has solicitor told sister she needs to move out in writing or only by phone?

Gordon_Hose

No advice, but his lawyer sounds like a right a*se.

big_Daddy_Dave

Tixy wrote: »

Hi
Have you or your sister seen a copy of the will? or another member of the family - uncle perhaps?

Is the solicitor the only executor?
If the lived in house is not mentioned then it forms part of the residual estate - who is/are the beneficiaries of the residual estate?

Has solicitor told sister she needs to move out in writing or only by phone?

havent gone through the whole will myself, my sis said there was no mention of the lived in house.

beneficiaries, as I understood when I glanced at it, are me and my sister, then that house to be giving to the other person.

she went to see him today and he advised her to move out, no firm date given, just said she needs to move out soon.

then the other guy who was left the other house is teling everyone hes the executor for some reason, so Im not sure if both are, or just the solicitor.

my main issue is how can he decide this when he doesnt even know what needs to be paid for?

everyones so shady all of a sudden

Pee

I think the main problem is that with all this chinese whispers and misunderstanding you don't know what is going on and neither does your sister. The first step is to go to see the solicitor, get a copy of the will and go through your questions with him.

How old is your sister?

If there is enough money in the estate, that house could be transferred to you and your sister and your sister could continue to live there, if she could afford to run the house or you were willing or able to assist. I would consider carefully whether that is what you would want in the longer term, I would if it was my sister, but then everyone is different and everyone has different circumstances and natural priorities. It might be that you agree with your sister that she would keep it for six months, twelve months or three years and you will review then. If she is adult and earning, maybe she should pay you half rent in six months time.

If the solicitor is not Executor, I think you will find it helpful to have a solicitors involvement in this estate but you can find someone else you you can get along with easier.

Trajal

Trust no one.

Tell the solicitor that he needs to provide proof that he is the executor.

Tell the person who inherited the other property that he also needs to provide proof that he is the executor.

In order to become officially recognised as an executor, either of them will need to present proof to court for probate purposes in order to be appointed executor. If they have not yet done this then you need to find out when and where this will take place, you can then see the judgement for yourself and the court will determine whether or not letters of execution can be drawn up.

If either of them claim that they have a letter of execution already and that probate has already granted such then demand a copy, then call the court to establish that this is a legitimate document quoting the reference numbers which will clearly be visible and take note of the court seal.

If there is a contention between multiple parties as to who the executor is, it can get very messy very quickly.

Normally it can take up to six months to force someone to leave a property after a death, the solicitor needs to be more sensitive than he has been. Try to have a reasonable conversation with him and get an exact picture of what is going on overall in terms of debt and inheritance.

Do not be bullied, seek advice immediately. I would also recommend talking to the legal ombudsman (who refer law firms to the SRA if they feel it is necessary) if he gets difficult. http://www.legalombudsman.org.uk/

big_Daddy_Dave

thanks, thats definately going to help me, Ive just never had experience of this.

I spoke to him about half an hour ago, I introduced mysellf and asked whats happening with the will, I said I dont understand whats happening, first thing he said was I dont need to understand.

Ive set up an appointment with another lawyer for Friday just to get some advice, and that other guy, last time I saw him was like 7 years ago, dont even remember phone calls, but all of a sudden hes acting as the main guy in all this.

I dont even care about inheritance, but something just doesnt seem right.

rosyw

You really MUST get hold of a copy of the will. 3 weeks isn't long enought for probate to be granted yet, and you need to see for yourself who will appointed executor! If you and your sister are the main beneficiaries, it would seem that the house she is being told to leave is in fact your joint property, and until such time as all debts and assets have been identified, tell your sister to sit tight!! It could be that there is enough money in the estate to pay off any debts without the house having to be sold, but you need to see proof of exactly what is owed and to whom, and identify ALL assets. Whoever is the appointed executor must at all times act in the best interests of the beneficiaries of the will, and MUST provide you with accounts to prove that this has been done. Get hold of the will and see another solicitor as a matter of urgency, something sounds not right here and you need to find out what it is ASAP.

Trajal

Oh and another thing.

Make a log of every single conversation with anyone regarding this.

The solicitor will make use of something referred to as a 'telephone attendance note' when he talks to you, and he will charge the estate for that. If you have a phone conversation with him, log exactly the date, time it started, content of conversation and time it ended. Also note any questions that were remaining at the end of the conversation and whether or not he would need to do any further 'considering'.

Having worked in law for many years I can tell you that a lot of lawyers put down 'considering' on cases when they are trying to either make up additional hours to fluff out a bill, or if they just can't remember what they were doing (timesheets are a nightmare).

Any bill to the estate is effectively removing money from the pocket of the beneficiaries and therefore must be justifiable. Making a log of conversations is essential.

PollyBanwell

Usually there are at least 2 executors on a Will and IT DOES NOT HAVE TO BE A SOLICITOR! Many will appoint themselves as executors as will banks and then charge a huge amout for the priveledge of putting the Will through probate, even though this is something anyone can do! If you appoint a family member or friend to be your executor then there is no charge whatsoever!

In this case if your step dad has been appointed legal guardian then his wards (ie you and your sister) will have some right to inherit the unmentioned house. Of course, with it not being mentioned in the Will itself means that it might be liable for extra charges etc from the probate office and government.; This is why it so important to keep your Will up to date.

As far as this solicitor character is concered, yes he might be the executor, but that only means he is in charge of putting the Will through probate. It should say somewhere in the Will how much/what percent of the estate will be taken as his fee, (it can be as much as 8/10%), but unless he is named specifiaclly as the beneficary of the unmentioned house I don't think he any right to tell your sister anything! It might be that the percentage of the estate that is his fee is not available in cash, and that the house needs to be sold to pay him, or to pay anyother debts etc that are left, but these final figures only come through from probate office. This is what they do and the reason they exist!

I completely agree with the posting above when they say see another solicitor and try to look at the Will as well. ASAP.

Good Luck and I'm sorry for your loss.

Px

big_Daddy_Dave

thanks alot Ive made notes on what you guys have said and will definately see a different solicitor before I go to see him