Probate

[Exasperated1]

Hi I'm new to this but would welcome some advice on a complicated probate issue but am conserned re putting to much details on here for disruptive sibling to see. could someone please confirm what a solicitor administrator is obliged to do when a beneficiary removes items from the estate and sells them or gives them away without the agreement of the administrators or the other beneficiaries and the other beneficiaries object.
also what are there obligations when a third party admits to removing items again without the administrators or beneficiaries agreement.
many thanks in advance.

[Amethyst]

Re: Probate

Hi Exasperated1 - apologies that you haven't had a response to your post. I'm just going to tag a couple people to have a look see if they can answer your Q. [MENTION=39710]des8[/MENTION] [MENTION=85500]Peridot[/MENTION] xxx

[Exasperated1]

Re: Probate

Thank you.

[des8]

Re: Probate

Hi, apologies for overlooking your post earlier.

No one has the right to remove items from the estate without at least the knowledge and approval of the executor.
To do so could leave them open to criminal charges of theft!

Has the solicitor been informed of the intermeddling?
Were these items of more than monetary value, ie wanted by other beneficiaries for sentimental reasons?

If it is only their monetary value that is of concern, the administrator could, on obtaining a list of these items, value them and count that amount as part of the remover's inheritance.

See what [MENTION=85500]Peridot[/MENTION] has to say

[Exasperated1]

Re: Probate

Hi des8 thanks for your reply.
Certain items taken are of monetary & sentimental value, some are just monetary. The solicitor has been informed but has not resolved they were informed at one point when the 'theft' was taking place & still did nothing. One item has been taken by a third party whom said the diceased had given it him yet two out of the 3 beneficiaries disagree with this & have stated if not returned this is an act of theft. The solicitors whom are 'administrators' are trying to escape doing anything as they state they suggested the house should be 'locked down' and we did not agree to this. the item however was outside. The monetary items have been removed by a beneficiary and sold or given away without consent what obligations do the the administrators have to do something about this?

[des8]

Re: Probate

To ensure we are not talking at cross purposes:
1) is there a will?
2) if yes does it name the executor(s)
3) has probate been granted?
4) if no to whom were letters of administration granted ?
5) if the solicitors were not appointed as executors by the testator, nor granted letters of administration by the court, who has requested their assistance in settling the estate?

[Exasperated1]

Re: Probate

To ensure we are not talking at cross purposes:
1) is there a will?
2) if yes does it name the executor(s)
3) has probate been granted?
4) if no to whom were letters of administration granted ?
5) if the solicitors were not appointed as executors by the testator, nor granted letters of administration by the court, who has requested their assistance in settling the estate?

Yes to most of the above but it's more complicated both re the solicitor (administrators) and the disruptive sibling who would create more problems and cost more money if they read this advice hence I'm conserned re putting full details on here. Is it possible to PM you with full details?

[des8]

Re: Probate

If you wish,. you may PM me.
HOWEVER! I would advise waiting to see if [MENTION=85500]Peridot[/MENTION] comments. (I know she is busy, but has lots more knowledge than I so worth waiting for!)
Also the approved protocol is open forum for every one's safety.

Have you considered upgrading to VIP where your posts will have more privacy?

[Exasperated1]

Re: Probate

If you wish,. you may PM me.
HOWEVER! I would advise waiting to see if @Peridot comments. (I know she is busy, but has lots more knowledge than I so worth waiting for!)
Also the approved protocol is open forum for every one's safety.

Have you considered upgrading to VIP where your posts will have more privacy?

Hi
thanks for your advice ok I'll wait for peridot but further developments mean I've got a time restraint with the solicitors. ( totally understand the open forum but for safety but worried re consequences )
what does upgrading to the VIP entail? Sorry new to this.
Thanks again

[des8]

Re: Probate

Re VIP upgrade there is an orange box top right hand corner which will lead you to full details

[Peridot]

Re: Probate

Hi Exasperated1,
Apologies for the delay, I have been away on jury service.
The Administrators have a duty to value the estate and distribute according to the intestacy rules amongst other things.
As far as items are concerned, do you know if these were valued prior to them being passed to others?
Unfortunately many items that we have are worth little or nothing. So much depends on the fashions at the time and whether the cost of dealing with each individual item using ebay for example, outweighs the actual value. If solicitors are instructed the cost of them placing everything on a site and monitoring it would far outweigh any benefit for the estate value when you consider the time and cost of using the professionals.

Of course if the items have a value that would be included in the estate figures, then they should be considered. As the solicitor has indicated the property should have been secured, pending administration of the estate.

If money has 'changed hands' for items then that money should be included in the estate for the eventual distribution.

As far as the item that passed to a 3rd party is concerned, the 3rd party would have to prove they were gifted the item. If the gift was made in the last 7 years of the person's life then the value or a proportion of it would also have to be included in the estate values for the purposes of inheritance tax calculations and to obtain the Grant.

Unfortunately items of little or no monetary value are difficult to deal with particularly when there is more than one beneficiary but lawyers will often allow the family to decide what happens to such items, provided they have values of any valuable items for the necessary forms.

Items of value that have been distributed before they should have been could be deducted from the legacy due to the individual so for example in an estate that to be divided equally between 3 people, and which is valued at £30,000, if one beneficiary has received an item from the estate valued at £5,000 then they would only receive the outstanding amount of the £10,000 due to them from the estate when it is finally distributed.

I would suggest making a list of the items in question and confirming whether the items were ever valued for the purposes of obtaining the Grant. If not then there may need to be some back tracking and possibly a corrective account provided to HMRC in respect of the estate values, which is something the solicitors should do.