inheritance paid executors now want some back

tired_mum

I dont know if anyone has any knowledge of this problem and can help
basicly OH was sent a cheque on behalf of his grandmothers estate in 2006 which we did not recieve and had to go through various channels to get his entitlement earlier this year now 8 months later the executors (his mother &aunt) who we do not have anything to do with have asked for some money back as they have overpaid us and the rest of the family as well as their soliciters fees:eek: surly we do not have to pay for their mistakes they did the probate themselves and they should not have paid any monies until it was all sorted should they they are now threatening to take us to the small claims court any ideas at all as to where we stand

Feanor

I would try to get some advice from a solicitor, then you would know where you stand.

It's a complex procedure so I would be careful not to do anything until you knwo for sure what your rights are.

It also depends how much it is, is it a huge amount of money or is just a small amount?

Feanor.

donny_osmonds_mad_fan

we have had something similar in that my husbands great aunt left him and other members some cash, it took a long time to sort it out as they had to wait for shares and investments to be sold. The solicitor who was the executor even held onto some for incidentals and a few months after the main payment he had another payment for £900 of his share of this money left over for unforeseen thingymejigs...now suddenly 7 mths on we had a letter saying they want £150 from everyone (£300 from his aunts who had a larger share) as apparently the investment company hadnt paid something and want some money back as they paid the solictor too much...

surely they should have figured they hadnt paid something correctly before sending the money to the solicitor in the first place?

we have told them they will have to wait till after xmas but it seems a bit cheeky doesnt it?

tired_mum

have to say that it is just over £1000 and soliciters fees of £500 on top as they issued the chq in 2006 they had over 1 year to change the amts when we saw the soliciter he asked for a statement of the account which came to us handwritten by the execs(MIL) now we have a new one months later from a soliciter with loads more stuff added so they made the mistakes not us and had 18 months to rectify before issuing a chq

M.E.

Was the cheque from MIL own account?
or from "the estate of gm"?
or from a firm of solicitors?

Also what was the EXACT term of the will?
Have you seen the will? If not, ask for it. It is a public document and you can see it.
Has the will receive probate? If so your MIL and Aunt HAVE to follow the terms of the will.
Did MIL hire a solicitor to do probate for her?
CAB may help.