Death of a Family Member

theoretica

Does this solicitor even have proof that your sister's name is not on the property deeds?

Some banks/solicitors will let family take over being executor (at a cost) if everyone is agreed.

Assuming the house does not need to be sold to cover debts it will form part of the residual estate and pass to the residuary legatees (you think this is you and your sister). I would hope you can argue that it is the real estate which passes to you, not any funds left after the executor has sold it and taken his fees for doing so.

As your sister has been asked to move out the charity Shelter might be a good one to contact for advice- they have a legal team.

I hope it works out!

tyllwyd

So am I right in thinking that the house your sister lives in will be part of the estate which is to be split between you and your sister? What do you want to do with your share of the inheritance - if it came to it, would you be happy for her to continue living in the house or would you prefer for it to be sold so that you can receive your share now? I assume that your older sister is an adult - is she working? Is there any reason why she couldn't move out so that the house can be sold? Maybe there is nothing shady going on, but the solicitor can see that the house will need to be sold at some point, so he has told your sister now so that she can start making plans to find alternative accommodation, while he gets together all the other information on your stepdad's estate.

Bailey_Bear_2

If there is a mortgage on the property, then the solicitor should have written to the mortgage company to inform them that the person holding the loan has passed away and request that any interest be put on hold 'till probate.
Questions you need to ask:

When was the will written?
Who is the closest surviving next of kin?
Has anyone been granted deeds of probate yet?

I strongly advise that your sister stay put! I can see no reason legally why she should have to leave her family home so quickly, although I am not a solicitor so that isn't legal advice.

And lastly, I'm sorry for your loss

3v3

big_Daddy_Dave wrote: »

....
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.
....

:rotfl::rotfl::rotfl:
He sounds a dream!

big_Daddy_Dave

I dont really know who the beneficiaries of the will are, Im still running around tryna get info from the coroner about the inquest.

TBH, Im not really a money person, I rent my own place at the moment, but if it was to be left to us I probably wouldnt even bother selling it, my sister has all her stuff there so if it was passed to us she'd just remain there

atush

Big DD,

while that idea is attractive (and possibley best for the short term, we don't know your and your sister's circumstance and if they can afford the upkeep. costs of, and maintenance of staying put. for instance, if there are no other monies die to you both and she is unemployed or a student, selloing could be best.

but do take advice and don't let her move out until you both are satisfied of her legal position.

What you have been told, and the info you have not been given, are red flags to me and I would suggest (nicely) asking for all paritculars before either of you agree to anything.

redapril

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!

solicitors do not APPOINT themselves as executors. executors can only be appointed in the will. i think you may be confusing this with a solicitor administering the estate, which is something that an executor would instruct a solicitor to do and then pay their fees accordingly.

and maybe anyone could do it as you say - but putting an estate through probate is an extremely long and complex process, especially when there is a large estate and multiple properties to consider.

If you appoint a family member or friend to be your executor then there is no charge whatsoever!

not quite true - even mere friends and family are permitted to put in bills to the estate for incurring costs associated with administering an estate.

i agree with above posts that the op needs to see an independent solicitor and should not take the executors word for what is happening. i may be wrong here but i believe there is some provision whereby an application can be made to remove an executor from his duties, maybe this is something the op should discuss with his own solicitor and if necessary instruct a completely different solicitor to administer the estate on behalf of the executors.

op - please dont be put off by seeing your own solicitor as any good solicitor will not need to 'fluff out a bill' and their advice and experience can sometime be invaluable in difficult situations like this.

please be aware however that probate is a very very long process. most probate lawyers use a timescale sometimes known as the 'probate year' as this is how long it can sometime take to deal with large or complex estate where someone has alot of accounts or assests. so please dont expect this to be concluded overnight.

i am very sorry for your loss and hope you get this sorted.

bouncydog1

Can't help with the legal aspect I'm afraid, but one thing I would do is ensure that you note down the details where you have been "fobbed off" by the solicitor supposedly appointed as Executor. His behaviour is totally unacceptable and if it continues I would seriously consider raising a complaint with his professional body. All members of a professional body have a code of ethics that they must comply with and I would think that his behaviour to date possibly breaches this or comes close to the mark.

Please don't do anything without taking further advice which I see you are doing - there is definately something very odd about the rush to get your sister out of the property.

rosyw

There are a couple of other points which have occurred to me on this. Firstly, if you are a beneficiary of the will you have a RIGHT to be given a copy, so you need to check this asap. Secondly, your sister canot simply be told that the house she may have been left is to be sold to clear debts while the rental house isn't affected. The way it works is that ALL the assets of the estate are listed for probate, along with all the debts. Once probate has been granted the debts must be cleared before ANY of the beneficiaries receive whatever has been left to them, so neither property can be tranferred to new owners before the debts have been cleared. Until all the assets have been identified it is impossible to say whether or not the properties will need to be sold, if your stepfather had credit cards or laons you need to find out if there was PPI which would cover these, the same applies with any morgage, was ther insurance cover for this? It's a long and complicated process sorting out someone's estate, it's something I had to do a couple of years ago when my partner died, luckily I knew what he owed and to whom and what insurances were held etc..
Please don't be fobbed off by the solicitor saying you don't need to understand, you DO, and if you are a beneficiary of the will you are entitled to be shown accounts which should be made up by the executor, showing where every single penny has gone. If you're not happy with these you can query them.
If there are debts which cannot be paid without the sale of property and either you or your sister are in a position to be able to pay them in order to keep the house, you can do this. Personally I would want to be informed of what is happening every step of the way.
I am so sorry for your loss, you don't need all this additional stress.

g_attrill

I would agree that it seems the solicitor's behaviour sounds rude at best, and unprofessional. The cynic would say that he knows the chap who has been left the other house and the other chap has "told tales" about you and your sister and it is clouding his judgement in how he treats you.

I doubt he will be doing anything outright illegal or fraudulent, but there are various ways that things can be sorted when administering an estate and I think it is very wise that you seek advice from a solicitor of your own.