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Executors Responsibility (Read 2520 times)
Stevied
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Executors Responsibility
May 27th, 2014 at 5:47pm
 
Late mother dies leaving her property to nine grandchildren,

The lawyer dealing with the estate transfers the property deeds into the names of the nine grandchildren knowing there is no money in the estate the lawyer then sends his bill to the executor instructing the executor it is there responsibility to pay these costs of over 2000

the executor advises lawyer there is no money in the estate and threatens to take the executor to court for recovery of this money the executor was a single parent and had to take on additional work to try and pay off this bill

Why did it become the executors debt as the lawyer was the late mothers lawyer not the executors
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Jamesyboy
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Re: Executors Responsibility
Reply #1 - May 30th, 2014 at 2:04pm
 
Hi mate,

The executor needs to get advice. The Citizens advice might be a good place to start. I know the one in Leith offer a legal clinic on Tue eve from 5pm. Best phone them up first.
It sounds that there is money in the estate if a property exists and should this property be sold then the legal costs would come out of that with the remainder distributed between the beneficiaries.
It is the executors duty to wind up the estate, and they dont have to use the lawyer who has stored the will. They can choose their own.
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Re: Executors Responsibility
Reply #2 - Jun 3rd, 2014 at 8:30pm
 
Hi Mate

Many thanks for that, but there are a few points to be taken into consideration

1. the property was left to nine grandchildren but two of the deceased sons were given life rent on the property and they probably will be there for the next 30+ years paying no rent and doing no repairs

2. the solicitor that done the will knew of this as he done the will but went ahead and transferred the property deeds to the nine grandchildren and gave the bill to the executor

3. When the executor told the solicitor that there was no money left in the estate the solicitor told the executor that the bill was hers and if she did not pay it he would take her to court to get the money, so she felt she was left with no option but to pay even although she could not afford it.

4. the solicitors bill has been paid in full but the solicitor that done the will has retained the property deeds the executor has requested them as she thought she could retain them and possibly get the legal fees back when the property is sold but the solicitor that done the will has instructed her she is no longer the executor her job is done and still retains the property deeds
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