Solicitor trying to get control

cahoot-complaints

I'm an executor for an estate and feel that the solicitor who I appointed to sort out probate is trying to get more and more control and dragging things out and wants to charge, send letters etc for every little thing and costs will, of course, add up.

Probate is granted and most of the assets are in afaik, still waiting for a statement of accounts so I can see how much is in and what is left to collect if anything.

Also at the moment, all monies that are collected are going into solicitors account and I want the money to go into the executors account where I know it will be safe.

I did want this from the beginning but Solicitor insisted and I thought that had to be the case but now I know it isn't.

Once I have my statement of accounts can I just call the solicitor and also confirming by email to instruct them to transfer all monies collected so far into the executor's account by close of day? And if there are outstanding assets to collect I could do that myself?

I really don't want to incur any more costs than I have to as this is subtracting from the estate and I am accountable to and have beneficiaries to make distributions to once the estate is finalised.

Also where is the best place to get executors insurance and roughly how much does it cost.

I appreciate any guidance with this, thank you.

Yorkshireman99

cahoot-complaints wrote: »

I'm an executor for an estate and feel that the solicitor who I appointed to sort out probate is trying to get more and more control and dragging things out and wants to charge, send letters etc for every little thing and costs will, of course, add up.

Probate is granted and most of the assets are in afaik, still waiting for a statement of accounts so I can see how much is in and what is left to collect if anything.

Also at the moment, all monies that are collected are going into solicitors account and I want the money to go into the executors account where I know it will be safe.

I did want this from the beginning but Solicitor insisted and I thought that had to be the case but now I know it isn't.

Once I have my statement of accounts can I just call the solicitor and also confirming by email to instruct them to transfer all monies collected so far into the executor's account by close of day? And if there are outstanding assets to collect I could do that myself?

I really don't want to incur any more costs than I have to as this is subtracting from the estate and I am accountable to and have beneficiaries to make distributions to once the estate is finalised.

Also where is the best place to get executors insurance and roughly how much does it cost.

I appreciate any guidance with this, thank you.

Exactly what terms did you employ the solicitor? The terms should have been set out in writing to you at the start including the fees. Solicitors are obliged to follow a set of rules when dealing with probate. That includes keeping any money in a separate clients account that is ring fenced from the solicitor's own funds.

cahoot-complaints

Thanks for replying Yorkshireman99,

The Solicitor was employed to secure probate and that has now been granted and fees have been paid for that.

I would like to know please, as I employ the solicitor, can I instruct the solicitor to transfer money that is collected so far into the executors account with immediate effect and settle any outstanding fees so I can finish the process off myself?

Yorkshireman99

As I said before it depends on exactly what you agreed with the solicitor. Normally if you ask a solicitor to deal with probate they will do the whole job including distributing the estate. If that is was what you agreed to then the solicitor will, quite reasonably expect to do, and be be paid for all the work.

cahoot-complaints

Thanks,

Agreed for the probate and collection of assets but not distribution or sale of the house although this is what Solicitor is pushing for me to allow them to do this.

At this point, after discussing with beneficiaries I feel it best to finish what is left so I have no problems paying for the work completed by the solicitor so far.

There is no agreement in place for distribution and selling of the house, the only agreement for probate and collecting the assets.

So to wrap this up with the solicitor I can call and ask for a transfer of Estate proceedings into the Executors account and pay any outstanding solicitors fees and also put that in writing with a letter to the solicitor?

Yorkshireman99

cahoot-complaints wrote: »

Thanks,

Agreed for the probate and collection of assets but not distribution or sale of the house although this is what Solicitor is pushing for me to allow them to do this.

At this point, after discussing with beneficiaries I feel it best to finish what is left so I have no problems paying for the work completed by the solicitor so far.

There is no agreement in place for distribution and selling of the house, the only agreement for probate and collecting the assets.

So to wrap this up with the solicitor I can call and ask for a transfer of Estate proceedings into the Executors account and pay any outstanding solicitors fees and also put that in writing with a letter to the solicitor?

Sounds OK. I would put in in a letter not an email or by phone.

cahoot-complaints

Thanks for your help, really appreciate it.

getmore4less

You did get the grant in your name?

cahoot-complaints

Yes, the grant is in my name.

Emsierose

Just curious on this.

Did you sign the closure forms but authorise the funds be released to the solicitor's account? I was just thinking if the Grant was issued in your name and not the solicitors, you would be the one required to authorise the release of funds, not the solicitor.

Also, you refer to the money that has been collected "so far", are there outstanding assets other than the house?