Executor powers

Ian1961

Why don't you answer the questions asked by people taking the time to answer your Questions?

engworldcup66

Sorry everyone I am just very very very stressed about this it is a lot to lose and so far no one can say they definitively cannot get away with it. Or anyone provide a success story.

Can it really be that you can just get in first and then take everything. Seems so wrong.

You are quite right Ian1961 but it's because I am just so stressed sorry.

RAS asked if I have a copy of grant of administration 

Can't see another question and I answered

"Not got copy of grant of administration but they have been granted probate."

74jax

Apologies I should have answered 

Under the rules of intestate, are you due to inherit?

The answer is yes

The 2 people who are administering the estate, are they due to inherit (under intestate)? 

Two people only involved in this me and the other person.

Only one of us is administering the estate which is the problem as they have said they are going to keep everything themselves. 

Keep_pedalling

Apologies I should have answered 

What  your relationship to the administrator and rather deceased? 

Distant to administrator close relative to deceased. 

naedanger

engworldcup66 said:

Whilst I appreciate most everyone has the advice go to the solicitor.

I have had free consultation and tried to get free legal advice elsewhere.

The whole point is that they cannot do anything other than take your money.

It usually goes something like this:

Initial contact with solicitor £££££

Letters formed by solicitor ££££££

Executor/administrator ignore letter

Back to solicitor ££££££

More letters ££££££

Again ignored.

It builds and builds and builds this is not cheap by any means.

By the time you even get close to a civil case the costs for that are again eye watering and by then the executor/administrator is still ignoring you.

Again police will say civil matter and looking on-line over and over again no one ever gets a resolution and they just say they gave up for the benefit of their health.    

If anyone can find a forum post where there was a successful attempt made please let me know I have searched and searched and the only conclusion from zero success stories for those trying to get the money is there is a serious loophole in this field where you can effectively deny someone's legal entitlement to money and get away with it due to the very very very high cost of trying to get hold of it. 

By the way all posts usually start as this one with everyone mentioning go to a solicitor. 

What did the solicitor tell you in the free consultation? 
Did the solicitor specialise in contentious probate?
As a near last resort you could consider using a no win no fee solicitor that specialises in contentious probate. 
For example the following solicitor 
https://www.irwinmitchell.com/personal/will-trust-estate-disputes/contentious-probate/challenging-an-executor

that specialises in contentious probate states:

There are various ways you can cover the cost of your claim, depending on your case. These include:

• Legal Expenses Insurance
• Conditional Fee Agreement (‘No Win No Fee’) [my emphasis]
• Payment on conclusion
• Private monthly billing.

We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.

Your first consultation with us is completely free, and there’s no obligation to continue.

This was just the first firm I found on google so I am not recommending them. I would probably consult a few firms to find one I was comfortable with - ideally local but with significant experience in contentious probate and not just routine executory matters.

Keep_pedalling

engworldcup66 said:

Sorry everyone I am just very very very stressed about this it is a lot to lose and so far no one can say they definitively cannot get away with it. Or anyone provide a success story.

Can it really be that you can just get in first and then take everything. Seems so wrong.

You are quite right Ian1961 but it's because I am just so stressed sorry.

RAS asked if I have a copy of grant of administration 

Can't see another question and I answered

"Not got copy of grant of administration but they have been granted probate."

74jax

Apologies I should have answered 

Under the rules of intestate, are you due to inherit?

The answer is yes

The 2 people who are administering the estate, are they due to inherit (under intestate)? 

Two people only involved in this me and the other person.

Only one of us is administering the estate which is the problem as they have said they are going to keep everything themselves. 

Keep_pedalling

Apologies I should have answered 

What  your relationship to the administrator and rather deceased? 

Distant to administrator close relative to deceased. 

The first thing you need to do is get a copy of the probate records. If he is planning to take everything then it would be unlikely that you would appear on the list of relatives.

When I asked what your relationship to the deceased was, I meant exact relationship to the deceased ( distant cousin, niece ect)

Administrators failing to distribute an estate and keeping the lot to themselves is an extremely rare event especially where the other beneficiaries are aware of their status, so it is not surprising you can’t find any cases. I still think you should take the first step with a solicitor, if the administrator gets a letter threatening legal action against them if they fail to distribute the estate correctly, they are certainly going  rethink doing anything illegal. 

p00hsticks

You mention that a property is involved - do you think the administrator may be going to sell it ? If so, then you need to get an injunction placed on the property to stop them from selling it - but again, you are gonig to need to get a solicitor to help you do this. Alternatively you could threaten simply to move into the property youself......

engworldcup66

naedanger

What did the solicitor tell you in the free consultation? 

Much the same as the numerous threads where this has happened.

That they can send letters and chase it up for me for a fee.

It's difficult if they do not respond etc.

Did the solicitor specialise in contentious probate?

Yes

no win no fee solicitor

This will just result in same outcome only no money lost just serious stress and health problems due to time etc.

Keep_pedalling

When I asked what your relationship to the deceased was, I meant exact relationship to the deceased ( distant cousin, niece ect)

Niece and one other niece

Only us two to inhereit no one else.

Administrators failing to distribute an estate and keeping the lot to themselves is an extremely rare event especially where the other beneficiaries are aware of their status, so it is not surprising you can’t find any cases. I still think you should take the first step with a solicitor, if the administrator gets a letter threatening legal action against them if they fail to distribute the estate correctly, they are certainly going  rethink doing anything illegal. 

Although rare it does happen hence this thread.

I found numerous threads here on the same thing from executor just taking money to hiding amounts etc etc.
Makes me wonder if the relative is doing what they are doing because they have found no instances where people were made to give back the money or have anything whatsoever done to them. 
 

All the threads I have researched and there are many point to their being no way to resolve this.

The common thread as mentioned is it gets treated as civil and then it costs mega money to get any resouloution. The fact is it costs so much money it is actualy prohibitive.

Given everyone got away with it I am trying to find out if anyone actually suceeded and so far that answer is a definitive no.

  

 

engworldcup66

RAS said:

Firstly, they are an administrator, which alters the rules a bit.

Do you actually have a copy of the grant of administration?

You need to get a restriction put on the house to prevent them selling it, although it may not stop them moving in if that's their intention.

Hi I asked "What rule changes with being an administrator?"

If you get time could you please explain how rules change.

Thanks

engworldcup66

p00hsticks said:

You mention that a property is involved - do you think the administrator may be going to sell it ? If so, then you need to get an injunction placed on the property to stop them from selling it - but again, you are gonig to need to get a solicitor to help you do this. Alternatively you could threaten simply to move into the property youself......

Too far from property to do that and so is other person.

If I were to move into the property I would be no better than they are.

I believe in a 50/50 share which are the intestate rules.

naedanger

How much do you think the estate is worth?
How much of that is in the value of the house (after deducting any mortgage)?
Sorry for these questions but the answers make a big difference.

engworldcup66

Sorry rather not discuss figures here.

The house has no mortgage. 

It is a lot of money and rightly so very concerning.

Biggest issue is no one can definitively say that they cannot get away with it. 
It makes it as though anyone who is an executor/administrator has free reign to do whatever they want.