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What happens if executor doesn't errm execute?
Alikay
Posts: 5,147 Forumite
DDs boyfriend (he's now 24) was unlucky enough to lose both his parents - mum 6 years ago and dad 4.5 years ago. His uncle was the executor of the estate, but sadly his uncle's wife died just a week later....talk about bad luck! He's an only child too with deceased grandparents, so there was no-one else bar his uni mates to help him with the practicalities.
DD's boyfriend can't remember much about the immediate aftermath of the event, but assumed all had been dealt with appropriately. He is now wanting to sell the family house which has fallen into a pretty poor state, and in preparation for the sale, we've looked at the land registry just to check that the house was transferred to him so the HIP and conveyancing will be straightforward. We now find that the house is still in the names of both dead parents, and wondered what else hasn't been done.
A solicitor is obviously the first step for the land registry stuff, but there are also some pass books for savings accounts in the dead parents name which need to be transferred to the boy. He and his uncle have now completely lost touch and DDs BF has no wish to contact him again....he was left totally alone after his dad died and now he is starting to pick up the pieces of his life, doesn't wish to rake over that particular bit of history: also the executor (if still alive) will be mid 60's and maybe won't want the responsibility now any more than he did at the time he was needed!
Does anybody know what can be done to make sure the parents assets are all transferred into the lads name? He was the sole beneficiary and has a copy of the will. No mention is made of a trust fund so there should be no age restriction on his inheritance, and I believe the uncle was the only executor.
DD's boyfriend can't remember much about the immediate aftermath of the event, but assumed all had been dealt with appropriately. He is now wanting to sell the family house which has fallen into a pretty poor state, and in preparation for the sale, we've looked at the land registry just to check that the house was transferred to him so the HIP and conveyancing will be straightforward. We now find that the house is still in the names of both dead parents, and wondered what else hasn't been done.
A solicitor is obviously the first step for the land registry stuff, but there are also some pass books for savings accounts in the dead parents name which need to be transferred to the boy. He and his uncle have now completely lost touch and DDs BF has no wish to contact him again....he was left totally alone after his dad died and now he is starting to pick up the pieces of his life, doesn't wish to rake over that particular bit of history: also the executor (if still alive) will be mid 60's and maybe won't want the responsibility now any more than he did at the time he was needed!
Does anybody know what can be done to make sure the parents assets are all transferred into the lads name? He was the sole beneficiary and has a copy of the will. No mention is made of a trust fund so there should be no age restriction on his inheritance, and I believe the uncle was the only executor.
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Comments
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Oh dear, what a muddle. It might be worth phoning the Probate Office and asking their advice, does he know if probate was ever granted? If he doesn't they would be able to tell him.0
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No, probate was not applied for or granted. He still has accounts containing money in his father's name....tragic really considering there have been times when he's literally had no money for food. I don't believe the total estate was over the 2004 IHT limit...it is maybe £50 to £70 k cash plus the house value around £100k today as in appalling condition due to neglect and flood (he was uninsured at the time)0
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