Good morning, my father in law passed away and has made both his kids and the solicitor executors. Both the kids are the only beneficiaries and what estate my father in law had will barely cover the funeral costs. Our concern is how much the solicitor will charge us-unfortunately he has a bit of a reputation. Many thanks.
Solicitor is an executor
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Hi
Welcome to LB
If there is no property and v little in savings accounts in the deceased's estate probate is not required. Banks will release the deceased's savings to an executor when the executor provides a copy of the will, death certificate and ID
So no need to involve the expensive solicitor
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If the solicitor can see there is hardly any money in the Estate - so the solicitor knows they aren't going to make much money from it - they might be happy to decline the appointment if all the children request it. The request must come from all of them. Then the children can deal with this very small Estate themselves. They need to do it quickly though before the solicitor starts to do anything as that would make it difficult for him to withdraw.
Appeal to the solicitor's greed - "you can see there is no money to pay you"[Not, of course, implying all solicitors are greedy ....].
All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.
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The solicitor can be politely asked to renounce the appointment as executor. I know firms who will do this as a matter of course if requested, but it appears that there are others who will not.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Here is an article giving professional guidance - https://communities.lawsociety.org.u...001952.articleLawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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