Executors not distributing estate 9 mths after probate, while one of them is driving my mothers car

socclarke

Mother died 1.5 years ago, probate achieved 9 months ago,  My sister gets has a pecuniary legacy  to include any inheritance tax due, and then my sister and i are 50% 50% beneficiaries of the residuary estate. My sister and another professional wills probate company ( not a registered solicitor) are executors.  In the 1.5 years since my Mother died, and the 9 months since probate was granted, I have written only twice a year a total of 4 times, asking what is going on, and then again i follow up asking why they have not responded, however, neither of them will answers my emails, or reply to my polite and reasonable requests for the full estate accounts, to try to get visibility on why nothing is happening and why my mothers flat is not even on the market, and still full of her belongings, and is in need or some repairs, and what is happening to my Mothers car. I have written to my sister informing her of my dire financial situation and she said a month ago that there was no money sitting in my Mothers account as the executors had not brought all assets due to the estate into the estate.  I have also found out that my sister is driving around in my mothers 20k car, but is too busy to visit the flat, or undertake her duties as executor due to her hectic job, and so the Will company is charging £300 + Vat per hour to chase paperwork.  The bills for the flat, and storage, and residents fees for large works happening at the flat are all on going, and the estate is being devalued every month, as we wait for them to do nothing slowly, and my sister is devaluing my mothers car an asset of the estate, while being too busy to attend to matters.  I have been told that if i try to get one of the executors removed it will cost a lot of money, and delay things further, That I can't ask my sister or the Will company to renounce as they have inter meddled and there is nothing i can do to find out what the problem seems to be.  Can these people take as long as they like without explanation, how can the law do this to 50% beneficiaries without any real recourse to demand an explanation let alone action.

lincroft1710

Far better the car is driven rather than just left unused.


If you read some of the threads on this board you will see your situation is far from unique and there is very little practically that can be done and any legal action on your part will be expensive 

socclarke

Thank you for your reply, I think my preference would be that the executors sold the car, and the monies were brought into the estate, and divided between the 2 beneficiaries, the only reason that can't happen is because the executor is using the car for their own benefit, rather than remembering as an executor you can't give preference to one beneficiary over another.  My heart goes out to everyone on this forum that is utterly stuffed by laws that simply don't work.  Hammered by inheritance tax and then left in years and years of limbo while executors do what ever they want, when they want, unless your rich and can just throw solicitors at it, and it take even longer. Feel like chewing my own ankle off just to get away from it all.

lincroft1710

As cars usually depreciate in value over time, then (unless the will states to the contrary) the executors could be accused of not acting in the best interests of the beneficiaries by not selling the car as soon as practicable and letting bills for the flat accumulate while it remains unsold..


You have to consider whether it is worth investing part of your inheritance-to-come in consulting a solicitor with a vie to sending a strongly worded letter to the executors.


Where it is believed someone has not acted in accordance with the law, then due process must be followed to correct that. Unfortunately this is not always straight forward and sometimes difficult to achieve and costly

GDB2222

The cheapest solution is to go round to the professional firm and ask to speak to whoever is dealing with the estate. Just be polite, but firm that you will simply wait until they have time to speak to you. Take a book! 

bunnygo

outrageous and yes, a sit-in at the solicitor may be the only way.

BTW I hope your sister has arranged suitable car insurance. If she was a named driver on your mother's policy, she has been uninsured since the day of your mother's death unless she has made arrangements.

sheramber

bunnygo said:

outrageous and yes, a sit-in at the solicitor may be the only way.

BTW I hope your sister has arranged suitable car insurance. If she was a named driver on your mother's policy, she has been uninsured since the day of your mother's death unless she has made arrangements.

What solicitor?

socclarke

@sheramber .i Think what @bunnygo is referring to is the other official co executor, go and sit in their office.  The only problem with that is you have to get past the intercom, where i will be told that he is not in, and might be seen as harassment.   I could sit outside all day and wait till he leaves, but accosting him for a chat in the car park by the bins at the back of the kebab shop ( yes i kid you not) is not idea. Their website address states an address on the main high road, giving the impression of a high st reputable firm, yet when i turned up last time, i was guided round the back of the kebab shop and met at the bottom of a fire escape. I then insisted that I was allowed in to take a look round, under the guise of getting a receipt for the death certificate that i had arrived unannounced to deliver to them.  They couldn't' even confirm it was the correct document! how can a probate company not be able to tell if it was a death certificate, the very foundational document they require to start their work.  Everyone in the office was in slippers and joggers, and no one even noticed it hadn't been signed.  My mother fell for this from the salesmen with shiny shoes that called round to her flat and sold her the probate package, from this UNREGULATED outfit. She would have been horrified to see the state of their offices, the location, the falling ceilings and threadbare carpets.  She would never have gone for their £300 +VAT per hour fees. Whilst that in itself shouldn't be the mark of merit for their company, their treatment of refusing to tell me why 1.5years after my mothers death 10 months after probate, is.  I haven't seen a penny of her substantial, but very simple estate, no foreign property 2 or 3 accounts, a handful of investments and her car.  With only 2 found beneficiaries, no one challenging the will, and not one response to only 4 emails in 1.5 years asking what the delay is, and for the ESTATE ACCOUNTS so i can have visibility on whether its incompetence or fraudulent.  The system is broken, and no one should have to go through this in this day and age, while attempting to navigate grief. When a company is unregulated, as it would be if it were a firm of solicitors, there is no one to complain to. These companies are profiteering from others miseries, taking as long as they like and charging through the nose, be aware.  Life would be so much less stressful, had my mother appointed an independent friend where possible, as executor, and not 1 of 2 beneficiaries.  Death does strange things to people when money is involved

elsien

You are not an executor and you have no right to see the estate accounts until the estate has been settled. I can’t see the parking yourself inside or outside their office is going to get you any further at all. You are not employing them, and there’s no obligation on them to share information with you at this stage. 

GDB2222

elsien said:

You are not an executor and you have no right to see the estate accounts until the estate has been settled. I can’t see the parking yourself inside or outside their office is going to get you any further at all. You are not employing them, and there’s no obligation on them to share information with you at this stage. 

Whilst you are absolutely right in principle, the OP wants to gee things up a bit. Going round and making a mild nuisance of yourself often works! 

It places the professional firm in the position of having to have a conversation with you, at which they are likely to make some vague promises to move forward, and most people have a bit of a conscience. Either that, or they can have a big argument with you in the process of throwing you out, but most people will just have the conversation…

Yorkshire_Dangermouse

Do you have keys to your mother's flat?