Who's in charge during settling of estate?

Langtang

My FIL's sister died in July (in England). Her only living relative was my FIL (in Scotland). She died single, no kids and with no will. FIL employed the services of a solicitor in her hometown to deal with the estate. In August my FIL (& MIL) passed away whilst estate was being settled, so all correspondence now comes to my wife. Neither my wife nor I really knew her, and neither of us have ever been to her house. My FIL knew very little about his sister's affairs, and we know even less.

The estate is still not settled, but the house is sold pending settlement. The solicitor's estate agent keeps sending us emails asking us questions like "Do you have a certificate for the double-glazed windows" and "Are the locks BS approved, and do you have a certificate for them" Each time we reply telling her that we know nothing, and to speak with her colleague who is dealing with the estate (they cleared the house, took all paperwork to their office etc)

We received an email today asking if we knew that the gas supply had been cut off in the house. We didn't of course, as the solicitor is dealing with all of that.

My question is: Should we know about these things? Should we be dealing with bills and contracts etc., or is it in fact the solicitor who should be doing these things? We want to sit and draft a polite email reply stating that, basically, we know nothing, we have nothing. If any information is needed, she needs to talk with her colleague. The difficulty is, we don't know if we are meant to be actively keeping on top of these things ourselves or not. My thoughts are that we shouldn't be, that's what the solicitor is/was employed for.

Sorry if some of the above wanders a little, or isn't very clear. Willing to supply more info if needed.

getmore4less

Looks like FIL was the sole beneficiary of his Sis.

The FIL will outlines who will benefit from the Sis estate.
Assume wife is one(maybe only) of those beneficiaries. 

It makes sense for those beneficiaries to take an interest in that sisters estate. 

There is no requirement to know anything being that remote a relative with no personal knowledge.

Everything the solicitor does will cost a lot of money and reduce the residual.

There may be opportunities to manage some of the activities to preserve more of the estate. 

The preference may be to be totally hands off but some level of due diligence to ensure things like the property is secure, the sale is at a reasonable level might be worthwhile. 

Who is managing the FIL and MIL estates it would fall into their remit to monitor the situation with this inheritance from the sis. 

Marcon

Langtang said:

My FIL's sister died in July (in England). Her only living relative was my FIL (in Scotland). She died single, no kids and with no will. FIL employed the services of a solicitor in her hometown to deal with the estate. In August my FIL (& MIL) passed away whilst estate was being settled, so all correspondence now comes to my wife. Neither my wife nor I really knew her, and neither of us have ever been to her house. My FIL knew very little about his sister's affairs, and we know even less.

The estate is still not settled, but the house is sold pending settlement. The solicitor's estate agent keeps sending us emails asking us questions like "Do you have a certificate for the double-glazed windows" and "Are the locks BS approved, and do you have a certificate for them" Each time we reply telling her that we know nothing, and to speak with her colleague who is dealing with the estate (they cleared the house, took all paperwork to their office etc)

We received an email today asking if we knew that the gas supply had been cut off in the house. We didn't of course, as the solicitor is dealing with all of that.

My question is: Should we know about these things? 

This is an executor sale and the property is (or should be) being sold with something known as 'limited title', which means than any potential buyer is being warned that the sellers have no personal knowledge of the property. Property remains one of the few areas where the old adage of caveat emptor applies, so a buyer needs to make what checks they can, but ultimately it is their decision to go ahead on what must be limited information in these circumstances. Even so, it is not unreasonable that questions are asked just in case there's a bit of paper lying around with a guarantee on it.

It sounds as if there is a mismatch of expectation as to who is doing what.  Someone should be checking the property regularly, especially in the winter, if only to satisfy the conditions insurers impose on properties known to be unoccupied. Have you actually got a clear agreement in place with the solicitor who has been instructed, setting out what has been agreed? If yes, read it and if necessary agree amendments. If no, get one!

Flugelhorn

I would get a bit more involved as it is likely to be a significant asset for your wife, however you cannot be expected to know the answer to those things and shouldn't guess. Mother hadn't got FENSA chit for double glazing and I guessed as much when I found one line hand written receipts for the work - search on the website confirmed - it made no difference in the end, if the stuff isn't there it isn't there.
Agree need to check that the place is insured

parcival

When I sold my mums flat last year, I was unable to answer most of the questions and just write 'I have never lived at the property but was an infrequent visitor and have no knowledge of the day to day running'. I did however make sure it was insured and regularly checked. In fact mum liked to throw stuff out so i found very little paperwork. Sale went through fine.

Linton

To answer the original question....
The person responsible for an estate's assets before distribution is the executor or Personal Representative if there is no will.  The executor/PR could be personally liable for any losses to beneficiaries caused by his/her negligence.   Unless I have missed it, it would seem from what has been said that it is unclear who this is.  In my view this  needs to be clarified.

It is possible that your FIL  was the PR and engaged the solicitor to carry out the legal work.  In that case I think your FIL's executor gets the job by default but IANAL.  Or it is possible that the solicitor is the PR and his client is the estate rather than your FIL.  In which case the responsibility lies with him.

I suggest you get the legal situation clarified with the solicitor.