Lloyds threatening repossession but refusing payment!

Sea_Shell

Just curious, can a "retired" solicitor charge the estate for handling probate, or his he now deemed to be an amateur executor?

Do you have any protection against "mishandling" in these circumstances?

Was he self employed or part of a practice, before he retired?

elsien

It's the executor who needs to be having the conversation with Lloyds. that's why they can't talk to you.
What does the executor say about the repossession letters you've been getting?

desperateauntie

My niece is named as co-executor in the will, though obviously the solicitor is handling all the duties himself. That's what makes Lloyds refusal to speak to her even more troubling, even if they are not willing to speak to her as beneficiary until probate is granted, they should be able to speak to her as executor.

Thrugelmir

desperateauntie wrote: »

My niece is named as co-executor in the will, though obviously the solicitor is handling all the duties himself. That's what makes Lloyds refusal to speak to her even more troubling, even if they are not willing to speak to her as beneficiary until probate is granted, they should be able to speak to her as executor.

Your niece requires the legal authority to act in behalf of the Estate. That's the bottom line.

desperateauntie

She's the executor and sole beneficiary and also the legal owner of the property, how does she acquire "legal authority"?

The bottom line is that they are sending her letters (but not sent to her home address) saying "Jane Doe we are going to be taking you to court if you don't pay asap" but when she phones up saying, "This is Jane Doe you sent me a letter I want to make a payment" they turn around and say "no we can't speak to Jane Doe we can only speak to Janet Doe even though we have Janet Doe's death certificate on file."

Thrugelmir

desperateauntie wrote: »

She's the executor and sole beneficiary and also the legal owner of the property, how does she acquire "legal authority"?

Without wishing to sound like a parrot. Three words Grant of Probate.

Executor requires probate to deal with the legal winding up of the deceaseds estate.

Being a beneficiary has no legal bearing.

Until the property is transferred into her name from the Estate then she is not the legal owner.

davidmcn

Sea_Shell wrote: »

Just curious, can a "retired" solicitor charge the estate for handling probate, or his he now deemed to be an amateur executor?

I expect the Will permits him to charge for his services, whether or not he's still on the roll as a solicitor.

Do you have any protection against "mishandling" in these circumstances?

Not in the "complaints against solicitors" sense if he's no longer a solicitor, but any executor is liable for their negligence in handling the estate.

desperateauntie

The property has been transferred into her name, so she is the legal owner.

I went onto the Land Registry website and paid £3, the records held by the Land Registry show that the house is currently registered to my niece's name.

We have sent Lloyds the PDF the Land Registry sent me and they acknowledge that she is the legal owner of the property (hence why all the threatening letters are addressed to her by name, rather than having her mother's name on the letters) but her name is not on the mortgage account so when she phones up in response to receiving letters addressed to her by name they refuse to speak to her.

silvercar

Is the charge for the mortgage still on the deeds? I find it slightly odd that the legal name can be changed at Land Registry but a charge still remain for the old owner. Normally both would be sorted together.

davidmcn

desperateauntie wrote: »

The property has been transferred into her name, so she is the legal owner.

I went onto the Land Registry website and paid £3, the records held by the Land Registry show that the house is currently registered to my niece's name.

When and how was this done?