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insolvent estate, difficult executor

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Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Having a re read of your solicitor communication.

    I think you need to be careful what you say to them from now.

    Do not say you want to admin the estate
    do not ask them to renounce(they will charge you)

    Do not send them any information until you are clear what they want to do.

    I suspect the solicitors will not be keen on getting letters from the creditors so watch out for them batting them back to you.

    Even in normal estates it is the relatives that end up doing a lot of the legwork so be careful getting sucked into doing things.
  • Blinkin73
    Blinkin73 Posts: 73 Forumite
    Tenth Anniversary Combo Breaker
    Thank you Getmore,

    Its not urgent that we move stuff out of the house and it has a garage so we can store stuff in there for a short period but my brother will most likely want to sell it shortly. I dont want the solicitors/creidtors to come back in a couple months asking us about the chattels and making out we stole stuff etc. I would like to get a valuation of her belongings, just for the purposes of ensuring that there is nothing of value and covering our backs. I wont send the inventory to the solicitors unless they request any information then.


    I intend to email the solicitors, just telling them what we have done re the monies for the funeral. There is a form that was given to us by the registra when we registered her death that needs completing and I was going to forward this to them along with contact details of debtors etc clearly stating that I am doing so, not because I am instructing them, but because they appear to wish to continue administrating the estate despite it being insolvent.
  • Slinky
    Slinky Posts: 11,942 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I would have thought some photographs of her stuff could be useful in proving there is little of value before you dispose of it.
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  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    OP I can understand your frustration but the advice you are getting is mostly good, that is to do as little as possible and nothing you do not have to do.

    You have made arrangements to pay the funeral.

    Close the joint accounts.
    Tell the executors of the account details of things in her name and
    pass on any papers that indicate a debt.

    Wait for the executors to do their job. With no prospect of being paid they are unlikely to be too fussed about the personal chattles, particularly if it is unclear which belons to your mother and which to your brother.

    Put what you think belongs to your mother in the garage and at some point ask the executors what they want to do with the goods. It is their problem and they will be more than happy to let you dispose of them unless there is something of obvious value mentioned in the will or visible if they chose to inspect the stuff.

    If you sell the property just tell the executors that you will dispose of the chattles if they do not.

    Do nothing else unless the executors ask. You have given them a way out of the situation and they have declined. Let them sort it all out.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
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