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Estate sign off and distribution

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  • #16
    Re: Estate sign off and distribution

    Ok, I have received an email from the executrix today regarding my question to her whether there are likely to be more fees added and are these actually the final accounts. Her response is that actually these are only draft accounts, so they are not FINAL and there is currently one more solicitors bill to add since the accounts were sent to me.
    Should I actually be signing them or not? I really don't want to sign something that is liable to change.

    Comment


    • #17
      Re: Estate sign off and distribution

      Can't really see why she would want you to sign final accounts that aren't as it could only cause her problems!
      No reason why you shouldn't sign them but only sign do so if you annonate that you understand they are not final but only provisional draft accounts.
      When you return them be ever so polite and thank her for keeping you informed!!

      Comment


      • #18
        Re: Estate sign off and distribution

        Cheers again, Des8. you're certainly worth you're wait in salt. Im assuming adding the annonate means as such that my signature is releasing her from her legalities duty as such, so she cant say " well they signed them"

        Comment


        • #19
          Re: Estate sign off and distribution

          I just don't understand why she would want you to sign "final" accounts when she knows there will be more costs to be charged.
          It could mean her having to meet the costs herself and not the estate.
          Mark them as suggested, just in case she has something up her sleeve.

          Comment


          • #20
            Re: Estate sign off and distribution

            I am right in thinking though Des8, that I am not legally bound to sign the accounts off for the estate to be distributed? it is purely just something that's asked of the residual beneficiary's by the exector/trix to give them no comebacks. Im still intending too but its nice to know

            Comment


            • #21
              Re: Estate sign off and distribution

              Basically you are right, in that you do not have to agree the accounts
              However approval of the accounts the accounts releases the Executor from further liability to the beneficiaries in the absence of fraud or failure to disclose assets.
              If you were to refuse the executor could reasonably ask why and so delay distribution, as they would not want the threat of action being taken against themselves.
              This is more relevant when IHT and HMRC are involved.
              Before signing off the accounts you, as a residual beneficiary, are entitled to see all source documents etc to check those accounts
              Distribution of the estate assets can take place without your approval, your signature is not mandatory
              Last edited by des8; 6th September 2016, 07:40:AM.

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              • #22
                Re: Estate sign off and distribution

                should the Executor supply me with a copy of the will proven at probate? since I first received these so called draft accounts I asked if she could also send me a copy of the will that she had proven at probate. I ask this because at the point of my father passing away she gave me and my brother a will signed by my dad. then during a meeting with a solicitor with all 3 of us, she popped out another one that was different to ours. the probate office have both copies. But since she became executor obviously only one of them would have been proven for probate purposes. I thought it odd that we never received a copy with the accounts, and at every turn when asked, she has either the question, said she hasn't got one and the last email I received even told me to go to her solicitor myself and ask for one. By then I was fuming. Any how, today I received an email saying, "I have today posted a photocopy of the copy Will Mr Rogers sent me, as requested. My files show only the first page was sent to me."
                Something's not right here and I'm getting more concerned with every email.
                I don't believe I should have to apply to probate to get a copy myself, being a residual beneficiary.

                Comment


                • #23
                  Re: Estate sign off and distribution

                  If you are genuinely concerned, would you trust her to send a copy of the will which has been proved?
                  If I was in your shoes I would pay to ensure I obtained the correct copy.

                  As a residuary beneficiary you are entitled to see the will

                  Comment


                  • #24
                    Re: Estate sign off and distribution

                    I agree entirely but over the course of about 8 or 9 emails she has pretty much done everything possible to not send me one. that cant be right surely? that's why I want her to go to the effort to send me one. I will of course get my own one from probate and if it proves to be different then obviously we go from there, but I just wanted confirmation that I was in my right asking her to send me one.
                    Thanks again Des8

                    Comment


                    • #25
                      Estate paid into court for distribution

                      Hi, does anyone know if there is a standard fee to apply to a probate court for an estate to be paid into them for distribution. Is it something that can escalate into thousands?
                      many thanks

                      Comment


                      • #26
                        Re: Estate paid into court for distribution

                        Are you asking how much is it to apply for probate to be granted?

                        It is 215 all details how to apply etc HERE


                        ​​​​

                        https://www.carersuk.org/

                        Comment


                        • #27
                          Re: Estate paid into court for distribution

                          No, the estate is ready to be distributed but executrix is not paying out. I thought I could apply to have the estate paid into the probate court so they can distribute it. I just wondered if there was a set fee for that sort of thing or if it could turn into a solicitor battle to get to that point. Hence possibly costing an awful lot of money.
                          thanks.

                          Comment


                          • #28
                            Re: Estate paid into court for distribution

                            This obviously follows on from your earlier thread.
                            Your next step is to apply to the court for an order that she produces an inventory and an account of her dealings with the estate.

                            If that doesn't bring her to her senses you may have to apply for her removal, and that can prove expensive.

                            Why do you think it is possible to apply for the assets to be paid into court for distribution?

                            Comment


                            • #29
                              Re: Estate paid into court for distribution

                              Thanks again Des 8. Sorry, I obviously misunderstood. I was referring to part of you're response in reply #6 on my other thread, where you mentioned -
                              If she continues to refuse to distribute the assets, you could make application for a court to order the distribution.

                              Comment


                              • #30
                                Re: Estate paid into court for distribution

                                Originally posted by des8 View Post
                                This obviously follows on from your earlier thread.
                                Originally posted by crustypants View Post
                                Thanks again Des 8. Sorry, I obviously misunderstood. I was referring to part of you're response in reply #6 on my other thread, where you mentioned -
                                If she continues to refuse to distribute the assets, you could make application for a court to order the distribution.
                                Threads merged so there's less confusion xx

                                - - - Updated - - -

                                Des ... I believe it was this comment they are asking about
                                Originally posted by des8 View Post
                                If she continues to refuse to distribute the assets, you could make application for a court to order the distribution.
                                xx
                                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

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                                recte agens confido

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