Can I get rid of the estate solicitor now probate has gone through?

rachpid

My mother-in-law died  in March last year, and as the estate involved a house and a trust for my BIL who was in a care home, we decided to use the will solicitor to sort everything out. They were not named as an executor so have just been administrating the estate. Probate was granted in August 2024. My husband is now the sole beneficiary as his brother also died last year, my mother and I are the executors. We've had an offer on the house and this is all going through, we are using a different solicitors to do the conveyancing. The house will sell for lower than the amount declared for probate/IHT.

The estate solicitors haven't been the easiest to deal with, she's slow at getting back to us on everything and is based in Kent, where my MIL lived, whereas all executors are in Herts. In hindsight we should have used a closer/better solicitor but we were very overwhelmed with everything and went for the simple option. Anyway, now everything is dealt with admin wise, are we able to stop using them and deal with the final house sale ourselves? Or is there something the solicitors need to do to close the estate off that we won't be able to? We have enough money in our savings to be able to pay the final fee to them.

p00hsticks

Did you BIL die after your MIL ? If so, who is administering your BILs estate ? I would expect his share of the estate to be first passed to the executor of the BILs estate...   

rachpid

p00hsticks said:

Did you BIL die after your MIL ? If so, who is administering your BILs estate ? I would expect his share of the estate to be first passed to the executor of the BILs estate...   

He died after her, but didn't have an estate - he had learning difficulties and was living in a care home. He had under £1000 in his account, and I was his appointee so had access to this. My husband is his only next of kin.

RAS

In which case, BIL may have inherited from MIL, so someone will need to administer his estate.

Did he have a will?

Suggest you take advice from a different STEP solicitor.

Newly_retired

What was to happen to the Trust for your BiL? I presume it will need to be wound up and the capital distributed according to the terms under which it was set up. You could use a different solicitor if it is not clear what needs to be done.

My sister is in receipt of a trust as a vulnerable person, but when she dies, the capital will go to her children, not via her estate but from the trust itself, which was set up in her mother’s will. You need to find put the terms of your trust.

rachpid

It was written into my MILs will that if my BIL dies the trust reverts to my husband. The way the trust worked my BIL would not have actually received the money, it would have been up to the executors to place it in an account to be used if he needed it. There was no capital as it's part of my MIL's estate and that hasn't been wound up yet. 

msb1234

One thing to consider is care home fees. If your BIL was funded by the Local Authority, then any monies he was due to receive following his mother’s death could potentially be included in a financial assessment and recouped by the LA. 

I suggest that the solicitor you’ve been using would be best placed to continue with the house sale as they would be in full command of the facts surrounding both your MILs estate and your brother in law’s trust. 

madbadrob

rachpid said:

It was written into my MILs will that if my BIL dies the trust reverts to my husband. The way the trust worked my BIL would not have actually received the money, it would have been up to the executors to place it in an account to be used if he needed it. There was no capital as it's part of my MIL's estate and that hasn't been wound up yet. 

BIL died after MIL and I am assuming his death was 28 days after MIL.

Firstly my double condolences.  
You say there is no capital in the BIL estate as that was in MIL estate and thats not been settled yet.  Alas this is incorrect.  

The will and its gifts are what need to be taken into account and in particular what the will said in relation the share the BIL would get.  As the MIL died first and so long as the BIL died after 28 days of MIL passing he is entitled to the share he was granted in the will.  I appreciate the trust passed to your husband on the death of the BIL  but this estate of your MIL will form a part of his estate for IHT and other money related issues.  For example the DWP could be entitled to repayment of any benefits he received if he was to be financially over any means tested benefits.  The LA could request repayment of any care fees if the same applied.  These need sorting before the trust and your MIL estate is given in totallity to your husband the now sole beneficiary.

I hope this makes sense because typing it my head was all over the place lol

Rob 

will1122

Yes, once probate has been granted and the estate has been administered (assets distributed, debts paid, etc.), you can choose to stop using the estate solicitor—especially if their services are no longer needed. Just ensure all legal and financial tasks are fully complete before ending the relationship to avoid any complications.

bobster2

madbadrob said:

rachpid said:

It was written into my MILs will that if my BIL dies the trust reverts to my husband. The way the trust worked my BIL would not have actually received the money, it would have been up to the executors to place it in an account to be used if he needed it. There was no capital as it's part of my MIL's estate and that hasn't been wound up yet. 

BIL died after MIL and I am assuming his death was 28 days after MIL.

Firstly my double condolences.  
You say there is no capital in the BIL estate as that was in MIL estate and thats not been settled yet.  Alas this is incorrect.  

The will and its gifts are what need to be taken into account and in particular what the will said in relation the share the BIL would get.  As the MIL died first and so long as the BIL died after 28 days of MIL passing he is entitled to the share he was granted in the will. 

It depends on the nature of the trust. If this was a discretionary trust in MIL's will, with the BIL as just one of a number of potential beneficiaries - then he was not granted a share that will form part of his estate. The terms of the trust will set out what happens if one of the discretionary beneficiaries dies.