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Removal of executor for wasting and mismanaging estate
scottay2hottay
Posts: 80 Forumite
Hi, I wish to remove solicitors who are the executors of my late fathers estate. I am the sole beneficiary of my fathers estate. I hadn't seen my Father since I was 13 ( I am now 31)
My Father was living in Plymouth and I live in wales, I had been searching for him for years. He had been living alone in a council flat and wasn't mobile for 10 years unless he took his mobility scooter and oxygen.
My Dads estate was worth around £18,000 which consisted of savings and a few betting accounts and life insurance.
I have already reported the solicitors to the legal ombudsmen because they allowed an auction company to sell the contents of my Dads flat for peanuts and therefore substantially devalued my fathers estate not to mention caused me great upset by denying me the chance to go through my fathers belongings myself. The solicitors continued to blame the auction company who they say were instructed to store the items and not to sell them. I believe that Solicitors were ultimately responsible because they are the executors.
To rub salt in the wound the solicitors then made it perfectly clear that they were going to charge to the estate for their investigation as to why my fathers items were sold, and also threatened me that if I was to continue complaining and asking questions about the mistakes that they were ultimately responsible for, then they would charge even more to the administration of the estate.
After I reported them to the legal ombudsmen the director of the solicitors told me "I am in turn in a position to say that as a gesture of goodwill, you will not be charged for any time that we have spent on the file stemming from the disposal of your late father’s belongings. Further, and for the avoidance of any doubt, there is no question of any intention to charge for work done in relation to any complaint - despite how you may have interpreted previous correspondence"
Thinking that I may have partially resolved the situation I have received their interim charges for the administration of my fathers estate and I have been told by another solicitor that the charges are not proportionate to the size of the estate, he advised me to complain to the SRA because the charges and mistakes of the solicitors "puts the profession in a bad light".
I have attached a copy of the solicitors interim charges which total over £5000. I asked them for a breakdown of their charges but when I received it, it wasn't itemized, I believe that they are goading me into sending them more emails by not providing the relevant information when i ask for it. It seems that I am the one who has to contact them and not vice versa, so they can charge even more.
I have documented every email and conversation between myself and Sitters&co in chronological order along with all the documents (will, attendance notes,emails etc) that they have sent me.
I have been suffering from Generalized anxiety disorder and agoraphobia for years, and this situation has really made me a lot worse. I cannot see the light at the end of this tunnel. Please help me.
Where I believe executor of my Dads estate has not acted accordingly :
•executor failed to take an inventory of the items in dads flat,
•Failed to secure the property. Money had been taken from the property between the time that the executor secured the property and the auction company cleared the property, (if she made an inventory she would be aware of the fact)
•The cost of administrating the estate is not proportionate to the size of the estate
•Executor told me that my Father was going to have a "basic funeral to keep the costs down" but the funeral cost nearly £4000 for a cremation, with only 6 people in attendance,including myself, no hearse
•Failed to arrange for all the property and possessions to be valued
•Executor gave the keys to an auction company and not a storage company and told them verbally, via phone conversation to store the items
•My father passed away on the 12th March My initial contact letter from solicitors was typed on 3rd may 2012, items were being sold at auction on 25th of April 2012 solicitors told me that they were selling items because they didn't think they were going to find me and that the cost of storage would outweigh the value of items held but then contradicts herself with the attendance note where she discusses storage (£9.95 p/w storage)
•If executor had given orders to storage company, telling them to store items, then why did she phone storage company and tell them not to sell anymore?
•Executor told me that she found me quite easily on 192.com, but then on a separate occasion that solicitors used a "good deal of detective work". (I am on electoral register, and I live 0.7 miles away from where my dad last lived in the area, I am the only person with my name living in my area)
•Executor lied to me when she told me that the auction company (who they have been working with for years)doesn't have an email address ( I found it in second using Google)
•Executor lied to me when she told me that there wasn't much in his flat other than the basics (the auction note and my dads carers account along with the remainder of his items completely contradicts this)
•My dads carer told me that executor couldn't wait to get out of the flat when she secured the keys
•failed to put the interests of the beneficiary before her own interests
•Failed to act reasonably and prudently in relation to the estate property.
Work costed to Grant of Probate
29 X telephone attendances @ £18.00 522.00
Perusal of X 70 letters and documents received @ £9.00 630.00
54 X letters written @ £18.00 972.00
276 units of personal attendances and
timed telephone attendances @ £180.00 ph 828.00
6 units of personal attendances
and timed telephone attendances @ £200.00 ph 20.00
306 units of perusals and preparation @ £180.00 ph 918.00
24 units of perusals and preparation @ £200.00 ph 80.00
138 minutes travel/waiting @ 120.00 276.00
6 minutes travel/waiting @ 132 13.20
£4,259.20 Plus V.A.T. @ 20% and disbursements total £5,123.73
My Father was living in Plymouth and I live in wales, I had been searching for him for years. He had been living alone in a council flat and wasn't mobile for 10 years unless he took his mobility scooter and oxygen.
My Dads estate was worth around £18,000 which consisted of savings and a few betting accounts and life insurance.
I have already reported the solicitors to the legal ombudsmen because they allowed an auction company to sell the contents of my Dads flat for peanuts and therefore substantially devalued my fathers estate not to mention caused me great upset by denying me the chance to go through my fathers belongings myself. The solicitors continued to blame the auction company who they say were instructed to store the items and not to sell them. I believe that Solicitors were ultimately responsible because they are the executors.
To rub salt in the wound the solicitors then made it perfectly clear that they were going to charge to the estate for their investigation as to why my fathers items were sold, and also threatened me that if I was to continue complaining and asking questions about the mistakes that they were ultimately responsible for, then they would charge even more to the administration of the estate.
After I reported them to the legal ombudsmen the director of the solicitors told me "I am in turn in a position to say that as a gesture of goodwill, you will not be charged for any time that we have spent on the file stemming from the disposal of your late father’s belongings. Further, and for the avoidance of any doubt, there is no question of any intention to charge for work done in relation to any complaint - despite how you may have interpreted previous correspondence"
Thinking that I may have partially resolved the situation I have received their interim charges for the administration of my fathers estate and I have been told by another solicitor that the charges are not proportionate to the size of the estate, he advised me to complain to the SRA because the charges and mistakes of the solicitors "puts the profession in a bad light".
I have attached a copy of the solicitors interim charges which total over £5000. I asked them for a breakdown of their charges but when I received it, it wasn't itemized, I believe that they are goading me into sending them more emails by not providing the relevant information when i ask for it. It seems that I am the one who has to contact them and not vice versa, so they can charge even more.
I have documented every email and conversation between myself and Sitters&co in chronological order along with all the documents (will, attendance notes,emails etc) that they have sent me.
I have been suffering from Generalized anxiety disorder and agoraphobia for years, and this situation has really made me a lot worse. I cannot see the light at the end of this tunnel. Please help me.
Where I believe executor of my Dads estate has not acted accordingly :
•executor failed to take an inventory of the items in dads flat,
•Failed to secure the property. Money had been taken from the property between the time that the executor secured the property and the auction company cleared the property, (if she made an inventory she would be aware of the fact)
•The cost of administrating the estate is not proportionate to the size of the estate
•Executor told me that my Father was going to have a "basic funeral to keep the costs down" but the funeral cost nearly £4000 for a cremation, with only 6 people in attendance,including myself, no hearse
•Failed to arrange for all the property and possessions to be valued
•Executor gave the keys to an auction company and not a storage company and told them verbally, via phone conversation to store the items
•My father passed away on the 12th March My initial contact letter from solicitors was typed on 3rd may 2012, items were being sold at auction on 25th of April 2012 solicitors told me that they were selling items because they didn't think they were going to find me and that the cost of storage would outweigh the value of items held but then contradicts herself with the attendance note where she discusses storage (£9.95 p/w storage)
•If executor had given orders to storage company, telling them to store items, then why did she phone storage company and tell them not to sell anymore?
•Executor told me that she found me quite easily on 192.com, but then on a separate occasion that solicitors used a "good deal of detective work". (I am on electoral register, and I live 0.7 miles away from where my dad last lived in the area, I am the only person with my name living in my area)
•Executor lied to me when she told me that the auction company (who they have been working with for years)doesn't have an email address ( I found it in second using Google)
•Executor lied to me when she told me that there wasn't much in his flat other than the basics (the auction note and my dads carers account along with the remainder of his items completely contradicts this)
•My dads carer told me that executor couldn't wait to get out of the flat when she secured the keys
•failed to put the interests of the beneficiary before her own interests
•Failed to act reasonably and prudently in relation to the estate property.
Work costed to Grant of Probate
29 X telephone attendances @ £18.00 522.00
Perusal of X 70 letters and documents received @ £9.00 630.00
54 X letters written @ £18.00 972.00
276 units of personal attendances and
timed telephone attendances @ £180.00 ph 828.00
6 units of personal attendances
and timed telephone attendances @ £200.00 ph 20.00
306 units of perusals and preparation @ £180.00 ph 918.00
24 units of perusals and preparation @ £200.00 ph 80.00
138 minutes travel/waiting @ 120.00 276.00
6 minutes travel/waiting @ 132 13.20
£4,259.20 Plus V.A.T. @ 20% and disbursements total £5,123.73
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Comments
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Sorry, but I gave up reading part way through because of the formatting. Best to keep it to the standard font as it makes it easier to read that way.0
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Thanks for the reply but I don't understand what I have done wrong.0
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OP, have you formally put that you are disputing the charges in writing (as you have above) to the solicitors?
Also, have you spoken to the Law Society for advice?0 -
scottay2hottay wrote: »Thanks for the reply but I don't understand what I have done wrong.
You haven't done anything wrong - it's just that some people can't understand a large block of text without paragraphs etc. I guess you have just written it as it came out of your head?0 -
OP, have you formally put that you are disputing the charges in writing (as you have above) to the solicitors?
Also, have you spoken to the Law Society for advice?
Yes I have,and they have assured me that the charges are " close to what they estimated them to be when they offered to become executors"0 -
By the way, I am too scared to communicate with the solicitor for risk of increasing costs even more.0
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Because he was arrested in front of me when I was 13 and I haven't seen him since. I had been looking for him for years via ancestral websites, salvation army etc. This event in my life destroyed me. And your comment was not even remotely helpful, it actually upset me a lot.scottishchick27 wrote: »If you are so upset that you didn't get the chance to go through your fathers stuff then why didn't you go seem him when he was alive?
And by the way, it is possible that his arrest was a wrongful one, but that's another story.
In the 13 years that I knew him, he never raised a hand to me. It turns out he was living hundreds of miles from me. I went his funeral and I have his ashes in my home at the moment in a small engraved casket, I am too upset to even begin to know what to do with them.0 -
Hi OP, sorry you find yourself in this situation, I was victim of a criminally negligent solicitor in respect of a relative's estate and know how stressful it can bescottay2hottay wrote: »Thinking that I may have partially resolved the situation I have received their interim charges for the administration of my fathers estate and I have been told by another solicitor that the charges are not proportionate to the size of the estate, he advised me to complain to the SRA because the charges and mistakes of [solicitor] "puts the profession in a bad light".
As you have had the advice above, why not make the complaint to the SRA?
You refer to a complaint to the ombudsman, have you had a decision from them yet?You never know how far-reaching something good, that you may do or say today, may affect the lives of others tomorrow0 -
((hugs)) Sorry to hear you are struggling, sorry again lots of questions. Can you go back to the legal ombudsman? Can you get statements from other solicitors that this amount of work should not have been necessary? Can you get quotes from funeral directors in the area that are much cheaper? Do you have a list of the number of e-mails/ letters/ phone calls that you sent that were asking for information you already asked for? Do you know who all these letters/ phone calls/ personal attendances were to?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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These charges are certainly not proportionate to the estate.
I've just completed a relatively simple execution of a will, relatively similar in size (plus a property) to the above, in a country where I'm not 100% of the legal system, and it took about 15 hours in total; thus on their fees being about £1,200.
It was simply a case of getting a solicitor to sign 2 forms (for the grand cost of about £10), and the rest was relatively easy.
IMO, this needs pushing forward with the relevant authorities.
CK💙💛 💔0
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