Help, house sold, solicitor won't transfer the money into an account

opinions4u

I'm guessing

It is all any of us can do.

System

jonesMUFCforever wrote: »

The problem probably is that the funds belong to the Executors and since there does not seem to be an Executors account the solicitors has nowhere to pay the funds into. They cannot ''just'' pay it to the nan.

If the nan (with the other executor(s), if there are any) has a grant of probate, then the solicitor arranging the sale can and should pay the proceeds of the sale into any account(s) that the nan (and the other executor(s), if any) specifies. The executor(s) do not have to open an executors' account (although it is recommended good practice, especially if there a lots of assets and bills to sort out). The executor(s) do have to ensure that they can give a complete account of their handling of the estate.

xylophone

especially if there a lots of assets and bills to sort out).

There appear to have been debts? Grandmother appears to have settled these from her own resources when they were properly debts of the estate?

the executor has been paying the depts of my mum for her account.

(post 3)

BobQ

nwc389 wrote: »

I'm guessing that the OP's Mum made her will some time ago when her daughters and their Nan were much younger and that when she has died this year as their Nan was now in her 80's they got the solicitor to do the legal side of things including the probate application on behalf of the Executor . After a bereavement people don't always feel able to cope with all of the paperwork and feel that a solicitor will guide them through the process.
If people haven't dealt with this before then in all probability the same solicitor will have been used for all legal matters so I'm assuming that they would have the probate in place.
The OP has been told at the last minute to sort out an executors account when they probably expected the solicitor to sort everything out as neither the OP , her sister or their Nan has dealt with anything like this before. The bank where her mum had accounts has said they do not do executors accounts and I expect that they have found it very stressful getting an 85 year old lady to one bank let alone trailing around several to find one that would be able to open such an account !
OP , speak to the solicitor and explain the difficulty you have had , and see what can be sorted , I don't think there is a legal requirement to have an executors account as such so it might be that an ordinary account that is seperate to your Nan's accounts would do. Good Luck.

I do not think I have ever seen so many unfounded assumptions in a single post.

BobQ

If the OP still wants some advice he needs to answer the question "Has probate been applied for and been granted?"


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jonesMUFCforever

BobQ wrote: »

If the OP still wants some advice he needs to answer the question "Has probate been applied for and been granted?"


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Please believe me the sale would not have gone through if probate had not been granted. The buyer's solicitor would not have allowed it if his/her client had not acquired good title to the property.

BobQ

jonesMUFCforever wrote: »

Please believe me the sale would not have gone through if probate had not been granted. The buyer's solicitor would not have allowed it if his/her client had not acquired good title to the property.

I do believe you but I wonder how far it could have gone before the problem was spotted. Its a bit strange that a solicitor has accepted instructions to convey a property and not been clear where the money is to go until the last minute.