Probate Stand off / in situ

katy123

Yorkshireman99 wrote: »

We don't know if the house was owned as joint tenants or tenants in common. Therefore it could be possible that the estate might have an interest in it. That was my reason for saying it. What puzzles me is why the solicitor wants to administer the estate if it is, as it may be, insolvent.

We are puzzled too. She is banging on about potential money we don't know about in other banks and she wants to write out to banks and charge GF knowing the estate is insolvent at the moment.

katy123

Yorkshireman99 wrote: »

If you can persuade the solicitor to renounce probate you can apply for letters of administration with the will annexed. Don't do this unless you are sure the state is solvent. As I said first make a formal complaint under the firms complaints procedure.

What tactics can I use to persuade? I can't think of any that can/will work legally..hahah

Yorkshireman99

I can only repeat. Make a formal complaint to the firm.

securityguy

If the estate is effectively insolvent, and the house is joint tenants so outside the estate, why don't you just walk away?

Yorkshireman99

securityguy wrote: »

If the estate is effectively insolvent, and the house is joint tenants so outside the estate, why don't you just walk away?

Agreed except the solicitor obviously thinks there IS value in the estate. Either the solicitor is incompetent or knows somerhing we don't.

Mojisola

katy123 wrote: »

We asked who would have to pay for the work as the estate is insolvent (insufficient to cover funeral cost), she said grandad.

Yorkshireman99 wrote: »

We don't know if the house was owned as joint tenants or tenants in common. Therefore it could be possible that the estate might have an interest in it.

I agree - and someone else might decide to pay a bill rather than sell a property but that would be by choice, not because they were legally required to.

If katy has understood the solicitor correctly, the solicitor has said that her grandad will be billed for the work even if the estate is insolvent - not someone I'd want to employ as a solicitor.

SevenOfNine

katy123 wrote: »

The thing is my GF has already paid the funeral in full, but I know that it should be the same, i.e. funeral has first call whether it has been paid or not by somebody else.

Will ask the funeral to send to bank. Thank you so much for your comments, I'm going to complain........

My mum was reimbursed within days by Barclays for her sister's funeral costs when we realised the funds could come from the estate. Mum had already paid 1/2 but Barclays just asked for sight of the invoice & coughed up without quibbling at all. The funeral director sent the invoice directly to them for the other half.

Take GF into the bank with the invoice.

Are you absolutely SURE there is no money hidden elsewhere, it does sound like this solicitor suspects there is. As has been said, complain, make it clear the estate is insolvent (not even £2k in the bank after funeral costs reimbursed), GF has not employed the solicitor & won't be paying any bills. In writing.

getmore4less

I would do the land registry work first you only need the death cert.

TBagpuss

Yorkshireman99 wrote: »

Agreed except the solicitor obviously thinks there IS value in the estate. Either the solicitor is incompetent or knows somerhing we don't.

If there is anything in the estate, then the solicitor would still have to distribute it in accordance with the will.

If there is not, they cannot bill your GF unless he separately agrees with them that he will pay.

I would be a bit inclined to write to the solicitor stating something along the lines of

"I understand that you have refused my/our request to renounce your role as executor under [name]'s will, despite my having requested that you do so.

under the circumstances, I understand that you will now be applying for probate and dealing with the estate.

I enclose a copy of the invoice and receipt in relation to funeral coasts. I am aware that these must be paid as the first call on the estate, and look forward to receiving reimbursement."

She can't bill your GF, she can only bill the estate. As long as you F doesn't sign anything agreeing to pay her costs, he will be fine.

TBH, if she wants to take on an insolvent estate, I would suggest that you do nothing whatsoever to discourage her - it saves you having to do so and risking making any mistakes. And if she does find some other assets, then you are still better off than you expect to be, and you (or your grandfather) can still make a complaint if she does not deal properly with the estate.