Executor with reserved rights issues... liability!

beefster

Seeking some help on my liability for bills arising from settling an estate.

My mother passed away 18 months ago and had a married couples mirror will with her second husband. MH (wont call him step "dad".... !! ) . The wills passed their whole estate to the surviving partner. The exception being that 50% of the marital home went into trust for the 4 children they share from previous marriages (his two and my sister and I). The surviving partner having occupation rights. All pretty standard stuff really. But after MH interfered / The executor failing in her role / Family wrangles / Deliberate delaying by MH / U useless initial solicitor it has only just got towards settlement. 


After a long delay getting towards a resolution my question is.... when the possibly large solicitors bill lands with the executor,  as an " Executor with rights reserved" who has not signed anything other than the initial relinquishment of Executor position to "rights reserved"  and a complaint to the solicitor group asking for a replacement.... what legally are my liabilities financially with relation to the solicitor costs? I ask because the Executor has not held any funds back to settle the estate! Ooops!

Linton

As a non-lawyer I believe

In the first instance I believe that an executor's legal costs in execution of their duties should be covered by the estate.  If that leaves insufficient money to pay beneficiaries then the bequests fail.  There is a strict order in which bequests fail.  Basically, the remaindermen lose out first followed by the rest dependent on the type of bequest.

If this fails to provide sufficient money to pay the legal costs the executor who engaged the solicitor could be personally liable. 

It seems that the estate's assets may have already been distributed with debts outstanding.  Where that leaves the house transferred to the trust I dont know - I fear the lawyers are going to have a field-day.

beefster

Thanks Linton. The transferral of the house to the trust is going through at present. I think I will keep my head down until the bill drops on my step sisters mat (executor). As far as I am concerned I have signed nothing to engage the solicitor and have signed to be an "executor with reserved rights" which has relinquished myself of control in the allocation of assets. This left my step sister to deal with the estate. (i live 350 miles away so it made sense at the time but... big mistake as she has dropped a ricket). I doubt MH will lumber his daughter with the bill as he has been bequeathed a tidy six figure sum from my mother estate. But he has already indicated to me he is not paying anything and he expects my sister and I to pay for the solicitor! Deep joy.... awful situation and my mum will be spinning in her grave!