Estate finalised but executor will not pay beneficiaries

[Nic1805]

Re: Estate finalised but executir will not pay beneficiaries

Hi,

my uncle forwarded the email onto us that was sent to him

[Nic1805]

Re: Estate finalised but executor will not pay beneficiaries

Also another thread on similar issues http://www.legalbeagles.info/forums/...estate-account

I have seen this thread and have told my uncle on numerous occasions that he doesn't need to wait for everyone to sign, but he just keeps saying that his solicitors are advising him to wait!

[Amethyst]

Re: Estate finalised but executor will not pay beneficiaries

I'd guess he's being advised to wait for signatures of beneficiaries before distribution to avoid ''(without approval, there is a risk to the estate in connection with further costs accruing and potential actions being brought by one or more beneficiary )'' happening as legal action can eat into an estate pretty rapidly.

[Amethyst]

Re: Estate finalised but executor will not pay beneficiaries

Have you seen the queries which are being raised by the other beneficiaries btw?

[Nic1805]

Re: Estate finalised but executor will not pay beneficiaries

Hi,

The other beneficiary has just emailed to say he has further concerns but not listed them.
we have offered my uncle the alternative of paying us an interim payment so he can keep money back incase of court costs but again he said his solicitors said no.
i don't believe the beneficiary who is refusing to sign will even take it to court, as he has not instructed a solicitor he just keeps asking questions.
He is disgruntled because he was not the executor as he believed his deceased uncle would have wanted him to be it so is trying to be as awkward as possible.

My issue is that I really need this inheritance and it seems to be stalled for no real reason.

[Inca]

Re: Estate finalised but executor will not pay beneficiaries

I know of someone who is waiting on an inheritance of an undisputed Will and ,sorry to say but...it's been over a year

[Nic1805]

Re: Estate finalised but executor will not pay beneficiaries

I know of someone who is waiting on an inheritance of an undisputed Will and ,sorry to say but...it's been over a year

Oh no! I hope that's not the case for me.
so basically even if the other beneficiary doesn't bring a case against my uncle he can stop any money being paid out indefinitely?

[Inca]

Re: Estate finalised but executor will not pay beneficiaries

The longer the solicitor has the money in their account the more interest it accrues for them.

Have you received anything directly from your Uncles solicitor?
Have you contacted the solicitor yourself?

[Nic1805]

Re: Estate finalised but executor will not pay beneficiaries

The longer the solicitor has the money in their account the more interest it accrues for them.

Have you received anything directly from your Uncles solicitor?
Have you contacted the solicitor yourself?

I have requested solicitor details from My uncle, but still haven't received anything
My uncle has done the probate himself, I gather he is just using his business solicitor for advice.

[Inca]

Re: Estate finalised but executir will not pay beneficiaries

Frankly, it stinks.

Write to him, Recorded Delivery. State that his conduct as Executor is unsatisfactory and you require the matter to be finalised within 7 days. Make it clear that you will will expect a full accounting and all supporting documents (funeral receipts, for instance).

When dealing with an estate, it is customary to open an executors account. If he has put anything through his personal account, be even more suspicious.

If he fails to comply, engage your own solicitor, and do so quickly. When instructing him/her, make sure you use the phrase 'time is of the essence'. A good, stiff letter shouldn't cost very much and may well save a great deal of trouble later on.

Then,,given everything you've said..I can only advise you to do exactly what enquirer says.
The person I mentioned who has waited nearly a year has always had access to the solicitor dealing with the estate as have the other beneficiaries.

Good luck (and don't leave it or you may well find there's nothing left after the solicitors bill has been paid)

[Nic1805]

Re: Estate finalised but executir will not pay beneficiaries

Then,,given everything you've said..I can only advise you to do exactly what enquirer says.
The person I mentioned who has waited nearly a year has always had access to the solicitor dealing with the estate as have the other beneficiaries.

Good luck (and don't leave it or you may well find there's nothing left after the solicitors bill has been paid)

Thanks Inca,

I will contact a solicitor on Monday. Wish I could speak to one now as I know this is going to frustrate me all weekend!

thanks again for everyone replies

[Nic1805]

Re: Estate finalised but executir will not pay beneficiaries

Thanks Inca,

I will contact a solicitor on Monday. Wish I could speak to one now as I know this is going to frustrate me all weekend!

thanks again for everyone replies

A further update to this:
after a few more emails and calls to my uncle yesterday, he had agreed that he would transfer my share of the estate after he confirmed with his solicitor on Monday morning.
He has also agreed to get his solicitor to send me a letter/email if he advises my uncle differently.

Since this last conversation, my uncle has received another email from the disgruntled beneficiary with further queries.

He has requested the following:

He wants to see 3 quotes for the work my uncle had done on the house left in the estate and the invoice showing how much my uncle paid for individual works.
my uncle has shown on the accounts that he had some painting work done and the house, garden and garage cleared before putting the house on the market.

He also wants to request a deed of variation, as he believes the estate should be distributed differently.
my uncle is distributing the estate as to the rules of intestate.
i have said I will not sign any form of variation.

he also want more of a breakdown on the work my uncle had done on the headstone
uncle paid for the deceased wife's writing to be finished and obviously my uncle details put on the headstone.

does anyone know if my uncle has to provide such in depth detail as this?
i feel the other beneficiary is just trying to make things as hard as possible as he believes he should of been the executor even though there was no will!

I will be seeking the advice of a solicitor tomorrow about this is just so frustrating

thanks

[Inca]

Re: Estate finalised but executor will not pay beneficiaries

Can I just ask:-
What relations are the other beneficiaries to this estate?
I gather the Uncle who died is your late Mothers brother
The Uncle who is dealing with the estate is the brother of Uncle (d) and your Mum (d)
You and your sibling have a 50/50 split on what would have been your Mums share......is your Dad still alive?

[Nic1805]

Re: Estate finalised but executor will not pay beneficiaries

Hi inca,

the beneficiaries are 2 brothers of my uncle, ( one of whom is the PR) and my mums share is to be divided between me and my two brothers.

my dad sadly dies this year, and that is another estate with issues as myself and one of my brothers are not on speaking terms!

regards

[Inca]

Re: Estate finalised but executor will not pay beneficiaries

Please tell me your Dad left a Will............

Get on to solicitor first thing ..and when you've heard from your Uncle ,if it's NOT what you want to hear..ask him for the name etc of the solicitor as you are contacting them yourself straight away,,time is of the essence as enquirer says.