My Partner Inherited a Home/Solicitor is Executor What are Their Duties?

RAS

OK, the funeral should be charged, and other bills will be charged to the residual estate after the specific bequests are made.

Since your partner is the residuary beneficiary, the funeral and other expenses for which your partner paid make no real difference to what he inherits in the end.

He could send bills to the solicitor to reclaim the money (technically correct), but they will just charge the estate another £1kish to refund the costs, so net he'll end receiving £1kish less than if he just accepts the slightly non-standard management.

The second email is dumb, but I'd be inclined to make the complaint once he's got the payment, not about the payments for which he wasn't refunded, but about the advice re ownership and utility liabilities. He should get the cost of that email repaid and compensation for the misinformation.

sheramber

myboyollie said:

Probate has been granted but hasn't finished yet. He can't register the house in his name until probate is done. He has tried to complain but the solicitor's office is basically ignoring him. He can't even get the utilities to tell him if the electricity is still on because the house is not in his name. They also haven't answered his questions about whether the disbursements have been made. I have read dozens of articles about probate. Some say that the house is his from date of death and some articles say it isn't his until it is registered with the land registry.

Complain to the Law Society

https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor

myboyollie

RAS said:

OK, the funeral should be charged, and other bills will be charged to the residual estate after the specific bequests are made.

Since your partner is the residuary beneficiary, the funeral and other expenses for which your partner paid make no real difference to what he inherits in the end.

He could send bills to the solicitor to reclaim the money (technically correct), but they will just charge the estate another £1kish to refund the costs, so net he'll end receiving £1kish less than if he just accepts the slightly non-standard management.

The second email is dumb, but I'd be inclined to make the complaint once he's got the payment, not about the payments for which he wasn't refunded, but about the advice re ownership and utility liabilities. He should get the cost of that email repaid and compensation for the misinformation.

How does he pay the utilities and taxes in the meantime? 

Flugelhorn

Normally when you speak to the people at utility companies etc they freeze accounts until probate is granted - certainly when I was dealing with the water account they closed the account from the date of death and there was nothing more to pay even though we were using a bit for cleaning the house etc

re the council - strictly it is the executors who are responsible - I would tell the council who the execs are and let them argue it out between them

RAS

Just advise the Council and utilities of the executor's details.

The accounts should be as "estate of mum" up until the date of sale. Until the estate is distributed it is the executor's responsibility to deal with the creditors.

Once your partner has the inheritance it is his responsibility. But if the estate sells the house, then the executors need to sort it all out.