Co executor now refusing to cooperate

Pammieh

hi
My husband is co-executor of his mothers estate (she died about 2 years ago)with his (dec'd) step-fathers nephew (Mother and Stepfather had mirror wills with representative from both families)
Everything seemed fine/diy probate/sale of property etc. then there was a 'falling out' about medals (only personal value but obviously emotional - promised to his grandson - our son - but not listed in wills (lesson to everyone!) confirmed those were his wishes by comrades etc. but other executor approached a solicitor to get them back. We offered to go to mediation but all went quiet..The bulk of the estate had been distributed at the time of sale of the property (50% my husband, 25% nephew and 25% between our 3 sons) however at that stage we hadn't finalised all costs etc. I kept detailed records of our 'out of pocket' and all transactions on the Estate which I provided to him and his solicitor but now we don't hear from them and we are due about £4000. We sent him a cheque to authorise from the executors account six months ago - nothing - and we had reserved some money as we may have a request for refund of overpayment of benefits (that query still rolls on without progress...) What I wonder is if DWP ever decide we do owe them money how will we pay that from the executors account (or worse we have to pay it from our account - as my husband would have personal liability as executor - and then we have to try to claim that back too) and how do we close out the executors account which it is their responsibility to do? Is there a mechanism that allows my husband to finalise the Estate if the other executor refuses to participate or is it just 'take him to court'?
Many thanks - Sorry for such a long post.

scotsbob

It may not be what you want to hear but as the co-executor has involved a solicitor you should consider doing the same. Any mistakes you make will be noted and could cost you in the long run.

Yorkshireman99

Pammieh wrote: »

hi
My husband is co-executor of his mothers estate (she died about 2 years ago)with his (dec'd) step-fathers nephew (Mother and Stepfather had mirror wills with representative from both families)
Everything seemed fine/diy probate/sale of property etc. then there was a 'falling out' about medals (only personal value but obviously emotional - promised to his grandson - our son - but not listed in wills (lesson to everyone!) confirmed those were his wishes by comrades etc. but other executor approached a solicitor to get them back. We offered to go to mediation but all went quiet..The bulk of the estate had been distributed at the time of sale of the property (50% my husband, 25% nephew and 25% between our 3 sons) however at that stage we hadn't finalised all costs etc. I kept detailed records of our 'out of pocket' and all transactions on the Estate which I provided to him and his solicitor but now we don't hear from them and we are due about £4000. We sent him a cheque to authorise from the executors account six months ago - nothing - and we had reserved some money as we may have a request for refund of overpayment of benefits (that query still rolls on without progress...) What I wonder is if DWP ever decide we do owe them money how will we pay that from the executors account (or worse we have to pay it from our account - as my husband would have personal liability as executor - and then we have to try to claim that back too) and how do we close out the executors account which it is their responsibility to do? Is there a mechanism that allows my husband to finalise the Estate if the other executor refuses to participate or is it just 'take him to court'?
Many thanks - Sorry for such a long post.

Sadly you have little choice than to take him to court. Perhaps a firm but polite letter sent by Recorded Delivery giving the other executor to cooperate or face court action without further notice might bring him to his senses. Only do this if you are prepared to take the action. Make it plain that he will have to pay the costs.

Pammieh

Hi thank you both - sorry I haven't replied sooner
I sent his solicitors another letter the day after I posted this saying that I would like their complaints procedure (as a prompt)including a new cheque as the other would now have expired.
They have replied today saying that they have not heard from him for months and now assume they are no longer acting on his behalf (and refused to give me their complaints procedure!) but have forwarded on our letter and cheque to him. I guess now I wait a little while to see if he responds (and if we get a bill or all clear from DWP) and then send a recorded delivery as you suggested reminding him of his responsibilities and that - if he won't settle the estate - we will be obliged to take him to court to fulfil our duties to the beneficiaries...hope that sounds ok? many thanks again

Yorkshireman99

Pammieh wrote: »

Hi thank you both - sorry I haven't replied sooner
I sent his solicitors another letter the day after I posted this saying that I would like their complaints procedure (as a prompt)including a new cheque as the other would now have expired.
They have replied today saying that they have not heard from him for months and now assume they are no longer acting on his behalf (and refused to give me their complaints procedure!) but have forwarded on our letter and cheque to him. I guess now I wait a little while to see if he responds (and if we get a bill or all clear from DWP) and then send a recorded delivery as you suggested reminding him of his responsibilities and that - if he won't settle the estate - we will be obliged to take him to court to fulfil our duties to the beneficiaries...hope that sounds ok? many thanks again

Don't let the solicitor give you any bull. All solicitors have to deal with coplaints under their own procedure before you can go to their regulator. Try writing to the senior partner by recorded delivery letter.

Caroline_a

I think if you call the Legal Ombudsman they will tell you who the person responsible for complaints at the solicitors is.

jackywhizz

I don't understand why you need to complain about the Solicitor. You state that they were acting on the other executors behalf with regard to the medals. Presumably as this matter has been resolved to his satisfaction your step-nephew feels his business with them is concluded.

Are you unable to telephone your nephew? I realise this might be difficult emotionally but it is easy to ignore letters forwarded by a 3rd party and harder when someone speaks to you directly.

If all else fails I suggest contacting The Probate Office for advice. I'm sure this won't be the first time they have heard a tale like this. they are very helpful and their advice costs nothing.

TBagpuss

You don't have a cause for complaint against the solicitor, your dispute is with their client.
You are not their client, so they don't have any obligation to provide you their complaints process, and nothing in what has been said suggests that the solicitors behaved inappropriately.

You need to contact your co-executor.

I'd suggest that you remind them that as executor, they have legal responsibilities to act in the best interests of the estate, and that refusing to sign cheques and to deal with outstanding issues is delaying the final distribution of the estate and is not in the best interests of the estate or beneficiaries.

What does the co-executor want to happen with the medals? Whose medals are they?
If he wants them to be sold, then you could deal with it by getting them valued and buying them from the estate (which as they weren't left to your son. would be appropriate anyway)
If he wants them himself, then I think that the issue of whose medals they were is relevant. If they are your husband's stepdad's medals then it is understandable that his nephew would want these to stay in his own family (If I've read correctly, your son isn't actually a blood relation of step-dad, even if he may have been treated as a grandchild)

Pammieh

Thanks all.
I felt that the solicitors were not acting diligently - as should be expected - in not responding to our letters for months (and it seems it was only the threat of a 'complaint' that made them reply)


Regarding the medals, they are as TBagpuss says - my son is not a blood relation but the other man is - but it would be heart-breaking not to honour his wishes. My father-in-law was a para and is remembered in Merville (in fact he set-up the museum there) but the medals have no 'provenance' to them (documents proving whose they are) so they have little monetary value. I think that his nephew knew that they were meant for our son - he hadn't mentioned them from the time that my father-in-law died until about a year after my mother-in-laws death (so about 10 years) but I'm afraid that I believe his (adult) children may think they are worth a lot of money and have been encouraging him... I think it is probably quite an emotional issue but none of his children - or even the nephew himself - ever went to France for the annual D-Day celebrations with him (or even when my husband went over to sprinkle his ashes at the gun battery) and had not shown an interest prior to this but I appreciate that doesn't really make a difference. We did realise we would need to buy them from the estate but he would be unhappy to let us. I think though - if he pursues it and it should go to court - they will probably say 'sell them and split the money' so sadly no one will keep them. I have considered in the past whether it would be fairer to let him have them, so they won't be sold, but he is elderly himself and the thought of his children (who hadn't seen my father-in-law since they were young) inheriting them - with no emotional attachment - means they would likely be sold then anyway.
I will contact him again, once I have heard from DWP, to get our money back and split the remaining money and hope that time has made him re-consider...
thanks again

Pammieh

oh dear...an update...well we got our cheque back signed today...the solicitor said that he was reinstructed 'in person' so I think the nephew must have gone in and still be very unhappy...He has re-confirmed that he wishes us to attend mediation about the medals. But now he has queried the value of some pottery (it is Moorcroft but 1990s and 'seconds' - which I don't think he realises - which wont have much monetary value but again is sentimental) He said at the time he knew my mum-in-law wanted me to have it (and we got him to sign agreement) - but I guess we should have it valued and offer to 'buy' that from her estate now. He's also querying the Capital Gains tax element as the house sold for more that the original valuation and I'm feeling less confident now about dealing with this ourselves ...and so it looks likely that the £4000 we were 'out of pocket' paying for the funeral etc. (which has now been refunded) will be absorbed in mediation and solicitors fees.

Yorkshireman99

Pammieh wrote: »

oh dear...an update...well we got our cheque back signed today...the solicitor said that he was reinstructed 'in person' so I think the nephew must have gone in and still be very unhappy...He has re-confirmed that he wishes us to attend mediation about the medals. But now he has queried the value of some pottery (it is Moorcroft but 1990s and 'seconds' - which I don't think he realises - which wont have much monetary value but again is sentimental) He said at the time he knew my mum-in-law wanted me to have it (and we got him to sign agreement) - but I guess we should have it valued and offer to 'buy' that from her estate now. He's also querying the Capital Gains tax element as the house sold for more that the original valuation and I'm feeling less confident now about dealing with this ourselves ...and so it looks likely that the £4000 we were 'out of pocket' paying for the funeral etc. (which has now been refunded) will be absorbed in mediation and solicitors fees.

The fees will come out of the estate. It does seems as if he is beginning to grasp the reality though.