Can someone explain how this is right?

Mojisola

Ames wrote: »

Given that the completion date was yesterday? (I don't know if it actually went through then or not).

Although I suppose it's possible for the house sale to go through and the estate not to be wound up straight away, but that leaves me with the conveyancing bill and no way of paying it.

If the house sale has completed, you (as estate administrator) should have the money your sister has paid for it.

duchy

I think you need to find out if completion has happened or not. If it hasn't have it put on hold (ignoring your sisters silly baseless threats) and remake that appointment. Ask them to read this thread before your appointment .

You are correct that the house sale is not the end but simply a realisation of an asset belonging to the estate. The conveyancing bill is paid from the house sale money. You need to separate in your head what is paid for by you as the administrator of the estate and you as Ames a beneficiary of the estate are two different entities.

Ames

I'm clear (or was!) about when I'm Ames and when I'm Administrator - it's the conveyancer that's got me all confused about it again. I'm going to email her tomorrow and ask exactly why I'm personally responsible for the costs. 'Because you are' just isn't a good enough answer.

I've been thinking about whether or not to see the other solicitor. I just don't see what I can achieve by it. I can't see there being any affect on finances, taking into account the legal fees that would be run up. They'd probably charge me £200 just to read this thread!

All I can see is that it would be expensive and stressful, just to be told 'yeah, they shouldn't have done that, but there's nothing you can do about it'.

And as I said, my solicitor said my sister's threats weren't baseless, that I would be done for deprivation of capital if I didn't accept the offer. Although I'm not sure that a probate specialist would have that much knowledge of the benefits system - even my welfare rights officer couldn't say anything. When I asked they just replied 'we're not legally qualified to comment on that'.

I am really grateful to everyone on this thread though - I slept better last night than I have done in ages.

Ames

(also posted on housing board thread).

OK, I've had a reply from the conveyancer, and now I'm worried. She says:

You personally agreed to pay for (name of firm) conveyancing services – if this was in your capacity as personal representative, then you may be able to offset the charges against the estate. However, in the first instance you would have to pay our firm and then you may want to check with (probate solicitor) whether you can claim any costs back.


Of course I signed as administrator of the estate, I had no other legal standing in the matter!

I'm on income support and just don't have £500 laying around to pay the conveyancer. I wont have that kind of money until I get what I'm due from the estate.

Really don't know what to do now. I might be able to get a loan from the credit union to pay?

Is there a rule about how long you get to pay the bill, ie ten days grace or something?

Ames

Also just had this email from dad:

You need to let me know of anything you want from (mum's house), and arrange collection as soon as you can, as it will be advertised for rent as unfurnished.

Any viewers will think that any furniture etc. will be included, so needs to be out in the next week or two.


I will be taking anything not wanted to the tip over the next 2 weeks on my days off, anything wanted can only go in my garage, but that will not keep it in good condition for very long, as water has started getting in and I don't have time to repair it just yet.



So I'm not going to be getting any furniture, as I have no way of collecting it or storing it.

missprice

Ames wrote: »

(also posted on housing board thread).

OK, I've had a reply from the conveyancer, and now I'm worried. She says:

You personally agreed to pay for (name of firm) conveyancing services – if this was in your capacity as personal representative, then you may be able to offset the charges against the estate. However, in the first instance you would have to pay our firm and then you may want to check with (probate solicitor) whether you can claim any costs back.


Of course I signed as administrator of the estate, I had no other legal standing in the matter!

I'm on income support and just don't have £500 laying around to pay the conveyancer. I wont have that kind of money until I get what I'm due from the estate.

Really don't know what to do now. I might be able to get a loan from the credit union to pay?

Is there a rule about how long you get to pay the bill, ie ten days grace or something?

Ames, has all the house sale and money transfers gone through already?
Because if not, I would be sorely tempted to stop the whole thing right now, today in fact and start all over.

If it is too late now, then yes you get a month or more to pay bills. Although after your many questions this conveyancer may be asking sooner. Just tell conveyancer they will be paid when your share of inheritance hits your bank, and not before. The bill should be addressed to the estate of ???? Or the administrater of the estate of?????

Once the sale has completed you should be getting your share of the money in days. Afaik

My error about who pays the bill. Yes in fact it will be paid out of the estate before beneficiaries are paid out.

Mojisola

missprice wrote: »

Just tell conveyancer they will be paid when your share of inheritance hits your bank, and not before. The bill should be addressed to the estate of ???? Or the administrater of the estate of?????

The conveyancing bill shouldn't be paid out of Ames' inheritance - it's one of the expenses which comes out of the estate before the beneficiaries are paid.

missprice

Mojisola wrote: »

The conveyancing bill shouldn't be paid out of Ames' inheritance - it's one of the expenses which comes out of the estate before the beneficiaries are paid.

Oh yes agreed its not Ames sole responsibility. But either way the bill will not be paid til after the house is sold.

Have not read whole thread very sorry, but yes this bill ( and any others ) will have to be paid before beneficiaries share is worked out.

getmore4less

The issue for those that can't be bothered to read the threads is the only money coming into the estate is the part share from the house that does not include expenses share, another beneficiary is buying the the house on the cheap

nom_de_plume

I just skim read this so may have missed some relevant piece but, presumably, the conveyancer will only effect the transfer once the monies are available from the mortgage and will deduct their fees from this before forwarding the balance to the administrator.