Executor has spent the money in the estate in a frivolous legal case

Keep_pedalling

The house was originally owned by the uncle, it would be his executor who most likely sold the house as there was no point in transferring it to someone in a care home. Having said that if they had mirror wills it is likely that it was the same executor for both.

Malthusian

Based on the opening post this solicitor was both attorney and executor for both aunt and uncle. "My Uncle's and Aunt's affairs were managed by their local solicitor who was the executor of the estate" So everything was done by them.

QuimbusFlestrim said:

I have drafted a range of questions to the new law firm regarding on who's authority the house was sold under, a actual proper breakdown of fees, liabilities and assets, the original cost of the care home fees prior to legal action and the papers regarding the legal action. I am under the impression that estate tax only kicks in at £325k. The only major asset apart from minor savings was the house £650k. You are right, the death duties and their accounts do not make sense and seem massively inflated.

Everyone has a nil rate band of £325,000. Any unused nil rate band can be transferred to their spouse. So if everything goes to the spouse on the first death, the nil rate band is effectively £650,000. The house was £650,000 but there was a large liability to deduct from this so I don't understand why Inheritance Tax would be payable. Assuming the aunt and uncle were married.

The residential nil rate band does not apply here as there were no direct descendants.

sassyblue

What you may need to ask for are the 'Estate Accounts' plus interim bills. The firm I worked for prepared them annually for clients.

I'm interested to see how this pans out as I think it’s looking quite worrying, even more so that the new firm aren’t very helpful.  Get a copy of their complaints procedure ASAP as I think you'll be needing it.

getmore4less

Malthusian said:

Based on the opening post this solicitor was both attorney and executor for both aunt and uncle. "My Uncle's and Aunt's affairs were managed by their local solicitor who was the executor of the estate" So everything was done by them.

Without proper EPA/LPA in place once either lost capacity that would not be acceptable.

Malthusian

getmore4less said:

Malthusian said:

Based on the opening post this solicitor was both attorney and executor for both aunt and uncle. "My Uncle's and Aunt's affairs were managed by their local solicitor who was the executor of the estate" So everything was done by them.

Without proper EPA/LPA in place once either lost capacity that would not be acceptable.

Without proper EPA/LPA in place the solicitors would have applied for deputyship from the Court of Protection.

Manxman_in_exile

QuimbusFlestrim said:

Thank you all.

The executor was a partner of his own firm which was taken over on his death by a larger firm. They should also take over his liabilities. He acted on his own administering the estate and taking decisions over the house and I think my Aunt's care home fees etc. I am not sure as the law firm that took over his business is not too responsive. 
...

Do you mean that throughout the time he was executor he was a sole practitioner with no business partners and no other qualified staff?

One of the problems with a sole practitioner is that they have no colleagues to consult with or to assist them with difficult issues and it is more easy for them to get things wrong - either by accident or by design - than if they have fellow partners or qualified staff to bounce ideas off.

AIUI, if your children are among the residuary beneficiaries then they (or you if they are minors) are entitled to see the estate accounts and ask for an analysis of and explanation for expenses.

If the new firm have taken over the original solicitor's clients and business, I'd be pressing them for an explanation.  The fact the original solicitor is dead is not an explanation for what he has done - or not done.  [I'm assuming that in taking over the original firm's business, the new firm will be responsible for any professional liabilities of the original firm - but I may be wrong.]

getmore4less

Malthusian said:

getmore4less said:

Malthusian said:

Based on the opening post this solicitor was both attorney and executor for both aunt and uncle. "My Uncle's and Aunt's affairs were managed by their local solicitor who was the executor of the estate" So everything was done by them.

Without proper EPA/LPA in place once either lost capacity that would not be acceptable.

Without proper EPA/LPA in place the solicitors would have applied for deputyship from the Court of Protection.

If they did the court of protection/public guardian has a legal responsibility to monitor the deputy and can should investigate if there is/has been suspicious behaviour.

(They wipe their hands of LPA/POA once deceased)

Flugelhorn

getmore4less said:

Executor of aunt will had no authority to deal with the aunts affairs until her death  house was sold before then.

reads like the property was not sold until after aunt's death 

"Once my Aunt died, the care home took legal action to retrieve the fees after the sale of the house. Even in a dilapidated state the house sold for over £650,000. The executor decided without consulting any of the beneficiaries to contest the case and his firm spent 3 years fighting the matter."

getmore4less

Flugelhorn said:

getmore4less said:

Executor of aunt will had no authority to deal with the aunts affairs until her death  house was sold before then.

reads like the property was not sold until after aunt's death 

"Once my Aunt died, the care home took legal action to retrieve the fees after the sale of the house. Even in a dilapidated state the house sold for over £650,000. The executor decided without consulting any of the beneficiaries to contest the case and his firm spent 3 years fighting the matter."

Not if you read the full thread.
 aunt in care home 5 years.

The house was sold around 1.5 years after my Uncle's death, 2 years after my Aunt went into a care home.

QuimbusFlestrim

It has taken a while, but I have subsequently found out that my Uncle was married to someone else and they never divorced. He lived with my Aunt who was formerly his cleaner as common law man and wife. I believe that this is the reason he never really put her name on the deeds. The firm stated that are happy to share all details but is charging me £70+vat an hour to photocopy and send over the full accounts to me and all the details of the matter for my own clarity. They cannot advise me how long this will take to photocopy. They will not just tell me briefly all the relevant details of the matter.

I have been advised that some of the monies from the estate were paid out to charity in accordance with my Aunt's wishes and letters that she sent to her solicitor. These were actioned prior to her having a DoLs application made by her social worker.

The solicitor said they already sent over a copy of all relevant files and full accounts to my estranged brother who has been dealing with this matter. He will not talk to me nor have any dealings with me.