what happens if an executor dies

getmore4less

Is it a UK and/or US will, are there UK and/or US assets

This could require specialist help.

Setting up a trust who was going to manage that and be hte trustees?
was that a UK or US trust

Is this a US or UK solicitor

nelson60

Lone Executor dies.US will (US resident).
4 equal UK beneficiaries.

All the assets were in US - cash + two tiny plots of land.

The solicitor is US based.

The solicitor was going to administer the trust for the land.

No excessive amount for this service was quoted.

Realistically we are talking about £40,000 cash divided between four (£10,000 initial payout - four years ago) each max + two pieces of land worth £500-£1000 each (approx).

This is a lot of money to us + we do not want legal fees/action to reduce it.

Thanks for replies so far.:)

nelson60

Lone executor dies.US resident leaves will.Assets all in US.
Solicitor based in US.Beneficiaries all in UK.

Just to confirm the original proposal was that approx £40,000 be divided into 4 (£10,000) each + the two small plots of land held on trust by the solicitor.

No money received at all at this point (for four years).

Lone executor dying + lack of approval of one beneficiary stopped this.

Selling of plots/solicitor drafting new proposal of how to deal with assets (when original proposal seemed fine) would have eaten very easily into this at probate lawyer rates (£200/hr ?).

Lawyer had provided complete breakdown of fees/other.Believe he was acting in good faith/in best interests of beneficairies.

The fact that the lawyer is + the money from the will is in the US plus the one beneficiary in UK not wanting to resolve this have proved a combination of hurdles, which have left this situation unresolved for four years - when initial signing of the proposal by the four beneficiaries all in the UK would have sorted the matter out before the death of the executor + within weeks.In our own personal situation (wife + myself), this has been just ridiculously frustrating.

Having taken all reasonable, appropriate steps without any resolution of the matter (polite letters to solicitor in US + objecting beneficiary in UK), we are genuinely at a loss as to what to do.

Employing lawyers to challenge/other would probably lead to a Pyrrhic victory situation, where we get the £10,000 left to us + pay more in legal costs.It's also a route which neither of us would naturally want to take anyway (conflict over money).

We are both reasonably intelligent - have looked at all the angles + come to a standstill.

So your suggestions are genuinely very welcome at this point.

Many thanks.:)

getmore4less

Back where we started,

what does US estate law say about someone picking up as executor.
(asking on a uk forum is a long shot)

Do some research on US law and look for a US forum.

The solicitors are probaly in limbo because currently there is no one to authorise them doing any work they can get paid for if the original executor was instructing them rather than handing over the job.

What on earth are these 2 plots about that are worth next to nothing?

Setting up a trust seems extream no wonder the benifitiary was concerned.

nelson60

Thanks.Will carry on research.
The plots of land were not specified.
But their size of the plots indicated could only be a burial plot/similar.
I think it was mainly the time + expense/additional fees it would cost to sell this land.
As indicated, we would have signed the proposal if it had included selling this land - just to have the matter dealt with quickly + be able to draw a line under it.
Many thanks.:)

nukes

This sounds odd but help would be appreciated.
Dad died 3 years ago. Will could not be found. Estate divided between myself and my brother. A year ago I located a will at a solicitor who had taken over old solicitor at new premesis. Request will. Denied. Executor needs to give consent. Executor dead. a) How do we get the will. b) what if will says for example give all my estate to a dogs home or some other party. Brother and myself acted in good faith.

dzug1

You make sure the solicitor knows and has taken on board the fact that the original executor is dead and ask him what his solution is.

nukes

Thank you. What are the possible responses of the solicitor. Refuse to hand the will over? There is nothing for us two siblings to gain from the will as the estate has been divided between us when dad died. Would we need to repay any monies (I think the estate was no more than £18000 if my memory is correct) outlined to other benefactors should they appear in the will. How long can the solicitor hold the will for?

Mojisola

nukes wrote: »

Dad died 3 years ago. Will could not be found. Estate divided between myself and my brother.

A year ago I located a will at a solicitor who had taken over old solicitor at new premesis. Request will. Denied. Executor needs to give consent. Executor dead.

a) How do we get the will. b) what if will says for example give all my estate to a dogs home or some other party. Brother and myself acted in good faith.

I don't know whether I'd bother pursuing this any further. The estate is settled and, if the solicitor wants to hang on to the will, let him.

nukes

I am sure most folk would follow this advice. Sadly being somewhat autistic/asperges I would like the document to go with other family history stuff which I am collating for my children - should they be interested in the future.