Co-Executor Problems

Threecatz

Thank you but yes, I think Yorkshireman is right, the costs will come out of the estate...unfortunately!

Tom99

Threecatz wrote: »

Thank you but yes, I think Yorkshireman is right, the costs will come out of the estate...unfortunately!

[FONT=Verdana, sans-serif]I am not certain but would that only happen if that's what you both agree?[/FONT]
[FONT=Verdana, sans-serif]Your brother is being very awkward so maybe you can be to.[/FONT]
[FONT=Verdana, sans-serif]If the solicitor sees their fee disappearing into the sunset maybe they will come up with a reasonable compromise, a fee ceiling would be one thing.[/FONT]

SevenOfNine

Threecatz wrote: »

to top it all, the solicitor has the temerity a the end of his letter to say that he expects my father would have wanted probate to be dealt with swiftly and cost effectively! Unbelievable!

Quote them & say you agree wholeheartedly, which is why you have made suggestions which you believe would achieve the aims of your father AND satisfy your brother. Perhaps sweetly add that you are somewhat surprised that your father did not name them as executors, but chose only his 2 sons.

Unfortunately, as they have not provided any indication of the costs attached to the solutions they have suggested thus far, in light of that you do not feel confident that they could in fact meet the aims of your father, which clearly is what they, & you, hope to achieve.

You need a quote for flat fee/fee ceiling (as suggested by Tom99) & at the very worst, a breakdown of charges they would apply given that this is an extremely simple estate, so that you will be clearer about what you are agreeing to spend estate funds built up by your father, on.

This has already started to get unecessarily ugly, sadly no change from so many estates. There's always one awkward g it, in this case it's your brother. He's on one side being difficult, you're on the other trying to be reasonable, fast & cost effective. Solicitor is hanging on to the will with pound signs in his sights ££££!

Personally, I'd probably suggest you & brother choose a solicitor, completely independent from this one, perhaps mid-way between your homes, & let this independent solicitor handle it all........but what a waste of inheritance money, so NOT what your father would have wanted I've no doubt.

The solicitor holding your father's will has a vested interest in holding on to it while you two fight it out, & seems to be leaning more favourably towards your brother because it suits him so much better (£££). If you're going to have to part with estate funds to bring this to closure, I wouldn't be at all happy to put it in his pockets.

Plan B of course is do nothing. Don't respond - stalemate. No money is going anywhere then. Or perhaps a short reply stating you've made very reasonable cost effective, speedy suggestions & can see no valid reason why they have not been accepted, as you are sure it is what your father would have wanted.

Threecatz

Thanks Tom99, that's a good point. I don't agree to the fact that both my brother and, from the tone of their letter, the solicitors, are trying to railroad me into agreeing to use their services. I will be asking, again, for a fee estimate and your idea of a ceiling is a good one.

Unfortunately, my brother is a fully paid up member of the awkward squad so maybe it's time I joined too!

Thanks again.

Threecatz

Thank you for the very comprehensive reply again, Seven and suggested wording, that's very helpful indeed and much appreciated.

As younger sister, my brother isn't used to me standing up to him - my fault for normally going along with things over the years to keep the peace but not this time! I was going to suggest in my reply that we appoint an independent third party to deal with the whole thing. I'd rather not line any solicitor's pockets given this is something that is so straightforward and easy to deal with and as you say, it certainly isn't what my father would have wanted but I think this may be the only way around the impasse. As I read in another post, this is the price of the disagreement between us.

Regarding your suggestion to do nothing, I'm a bit worried that this would be construed as being uncooperative and might give them grounds to get me removed as executor, which I would certainly not want. Would that be possible do you know?

It's all so frustrating when I'm sitting here with the forms filled in, ready to go!

Anyway, thanks to you and all the other respondents who have given their time so generously, I don't feel so alone dealing with this!

Kind regards and thanks again.

Margot123

"Regarding your suggestion to do nothing, I'm a bit worried that this would be construed as being uncooperative and might give them grounds to get me removed as executor, which I would certainly not want. Would that be possible do you know?"..........

Removal of an Executor is a rare occurrence, and only normally used if one is serving a prison sentence of 6 months or more. It would be a lengthy Court procedure involving mountains of evidence.
It won't happen.
So, don't worry yourself with that one.

Threecatz

Thank you Margot123, that has set my mind at rest.

SevenOfNine

Margot123 wrote: »

Removal of an Executor is a rare occurrence, and only normally used if one is serving a prison sentence of 6 months or more. It would be a lengthy Court procedure involving mountains of evidence.
It won't happen.
So, don't worry yourself with that one.

Spot on M123. Some info on this random site supporting Margot's reassurance https://www.human-law.co.uk/_cmroot/human-law.co.uk/blog/how-difficult-is-it-to-remove-a-executor.aspx

Added to that threecatz, you've been exceptionally reasonable, & suggested more than acceptable solutions to you brother's concerns. This 'stalemate' situation is not of your making, it's your brother aided by the solicitor.

By now you could have submitted the probate forms instead of all this petty timewasting by those two.

Apologies, no idea why I thought you were male!

Threecatz

Thank you for the link, Seven. It's good to know that it's such a complex process to remove an executor. Think even my brother would baulk at that!

Your right in that this is all so frustrating. The probate forms could have been submitted over a fortnight ago - we might have even been getting to the point of swearing the oath by now. Instead, the only swearing I'm doing is every time I receive another of these blessed letters from his solicitor! Oddly, the solicitor never refers to my brother as his client, always by his first name - seems a bit too cozy to me but maybe my brother's suspicious nature is rubbing off on me!

Anyway, my thanks again and no problem about the gender thing, I'm only too grateful for all the advice I've received!

YoungBlueEyes

My sister and I are dad's executrices, and we've never really got on. Sis has a job and I was dad's carer so when he died I had all kinds of time on my hands to deal with the 'official stuff' that arose.

I know it sounds silly and amateurish, but this is how I dealt with it :-

Every time a letter came that was anything to do with dad I took a photo of it on my phone and text it to her - "what shall we do about this?" or "Appointment with the bank has come through" etc etc. It means she knows every single thing that's happened and knows what I/we did about it. It's a perfect chronological account of everything, and, should the house go up in flames or something, we've both got pics of the letters should they be needed for any reason. It's also written confirmation that she knew what I was doing and when, and that she agreed to it.

Would doing this appease your brother? This was, if he has doubts or questions about something he can show the pics to his own solic for advice. And therefore pay for it himself (presumably?)