Distribution of assets

G

Gemini16

Registered User
Messages
6
My Mother passed away almost 2 years ago now. She willed her house to two of the five family members one of whom is the executor. The remaining three of us are beneficiaries in her will. The two who have inherited the house are selling it and even though probate was granted 10 months ago, the distribution of the assets seems to be tied into the sale of the house - is this the usual process?
 
Not knowing the contents of the will it's difficult to say, but with the probate granted almost a year ago it does seem strange. By the way I am not suggesting you tell us the contents.
 
There is a delay here and it looks like it rests with the solicitor. If there are bank accounts that are due to the beneficiaries it is an easy task to inform the bank of the Probate and authorise pay out.
If one or more of the beneficiaries is a non resident the executors must ensure inheritance tax (if liable) must be paid in respect of tge non resident before they receive their share
 
Vanessa said:
There is a delay here and it looks like it rests with the solicitor.
Click to expand...
There is no mention of a solicitor in the OP and the rest of your post is purely speculative, "if" and "if". I'd suggest more information is probably needed before expressing an opinion.
 
Apparently the money that was left in my Mothers will that was to be divided between the five of us once all bills etc. is lodged in a clients account at the solicitors - my concern is that it is somehow being lumped in with the sale of the house which has nothing to do with three of us.
 
A bit odd all right. It sounds like the house is effectively being "sold out of probate", which if it is the case has nothing to do with three of you as you say. The sellers of the house must meet the costs associated with its sale, EA, advertising, conveyancing, etc. from the sale, not from funds lodged with the solicitor.

You may need to have a word with the executor to see what's delaying matters. 2 years seems like an inordinate delay in what sounds like a simple estate unless there are taxation matters, outstanding bills, mortgages, insurances that are causing delays.
 
On the advise of the Citizens Advice Bureau, I have just phoned the solicitor dealing with my Mother’s estate and am awaiting a response- they have not been great at responding to queries to date so may get no further. It has been a very frustrating and upsetting process
 
The solicitors in all likelihood are being instructed by the executor(s) and their response will probably be to contact the executor(s). They probably don't have any duty to communicate with you and talking to you might be viewed as a breach of client confidentiality.

Sounds to me like CAB's response was unhelpful and ill-informed as the solicitor is not the executor according to your earlier posts.
 
Whenever I read these posts ( and some of the responses!) I wonder how any poster, with those "facts" could realistically expect any sort of a sensible answer.

I'd be sending this poster firstly off to talk to their own family - and asking what is going on.

If that goes nowhere, I'd say to the OP go and talk to a solicitor of their own choosing, to go through things factually - very often the facts as presented initially vary, change and alter as all the other "stuff" unfolds.

mf
 
I did get the advice of an independent solicitor and was advised that as a beneficiary of my Mother’s will I am entitled to pose the question to her re: the status of the distribution of the assets of my Mother’s estate - addressing any correspondence to the Executor is not an option. Hopefully will get an update from the solicitor- if not we will just have to wait it out - they will have to resolve the situation at some stage
 
Apparently they already have a buyer for the house. I eventually got a copy of my Mother’s will in November and looks fairly straightforward. It seems to me that they are waiting for the sale of the house to go through before they distribute the assets of the estate but I don’t see how the two are connected - could be mistaken of course but it is very difficult to get the correct information.
 
I don't think they are connected either. I'd engage your own solicitor now to put pressure on executor/solicitor to distribute the cash funds. The house has nothing to do with it unless contents were to be sold and funds from that divided up between all of you. Even if that was the case it shouldn't take this long to clear out the contents. No doubt your mothers money is sitting in either executors account or solicitor client account.
 
if the house is left to others then it should be transferred to them. the cash assets after expenses should be dispersed now
 
That is what I think too but we seem to have no rights at all. No response from the solicitor dealing with my Mother’s estate and I am awaiting a call back from my own solicitor which I’m expecting won’t come as he knows the solicitor dealing with my Mother’s estate so wondering where to turn now -we were told that the contracts were being signed almost 4 weeks ago but there has been no sign of the new occupants to the house so far and nothing from the solicitor - does it usually take that long for a sale to close? We are completely in the dark
 
Yes it can take that long for all to be finalised. But again this had nothing to do with the rest of you. I'd be insisting on a breakdown of all assets included in your mother's will which were to be distributed to you. I'd also want to see a copy of solicitors bill to ensure that any fees incurred in selling the house were not added to the overall estate bill. You might want to hound your solicitor and if no luck, engage a new one.
 
I'd also want to see a copy of solicitors bill to ensure that any fees incurred in selling the house were not added to the overall estate bill.
Click to expand...
Who do you expect should pay the conveyance costs in that case?
 
Thirsty said:
Who do you expect should pay the conveyance costs in that case

I wonder about that. Surely if the property has been transferred to the two siblings that should be that.
The costs incurred in executing the will, including costs of transferring the property, to the two siblings will come from the entire estate before distribution.
The will is then complete.
The house is then owned by the two.
If the siblings then wish to sell the house any costs incurred will be their responsibility.
If the will specified that the property be sold and proceeds distributed between the two siblings it is an executor cost and the cost be taken from the entire estate before distribution of remaining assets.
Click to expand...
 
All fees for executing the will should be paid from the estate and after that the house sale should be a separate issue. Unless the will stipulated that the house was to be sold then the cost of the sale should be borne by the beneficiaries of the house if they choose to sell it. Perhaps Op could clarify if house was to be sold as per instruction in the will.
 
You must log in or register to reply here.
Back
Top