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I'm the main beneficiary of my late mother's estate in the UK (England). I'm currently based in the USA, and the Executor of the estate is a solicitor from a UK firm that also drafted the Will. I met with a representative of the same firm in January while I was in the UK at the time of my mother's passing. I was told at that meeting that the firm, as Executor, would handle the property's insurance, utilities, council tax, etc. I was asked to bring in all related documentation, bills, etc - which I did.
Since then, very little has happened. The utilities were never transferred, no maintenance has been arranged (other than by me and paid for directly by me), and the utility bills are now in arrears.
I received a message from the solicitor a week or so ago suggesting that I was responsible for all costs related to the property (insurance, council tax, utilities) from the date of death, despite their earlier instructions and the fact that I was told they would handle all ongoing property matters.
Here's what they sent me:
**When a property is gifted in a Will the beneficiary acquires the ownership from the date of death. This means the beneficiary also takes on the expenses on their gift from the date of death, the ongoing expenses of the property are not estate expenses. The Will could provide directions but if it is silent on the point it is common law principles are applied. ie. the cost of maintaining and preserving the property from the date of death are payable by the beneficiary. This includes costs such as insurance, utility bills, council tax and storage costs. (The beneficiary would also be entitled to any rents or profits from the date of death).**
Is the above statement legally accurate? It certainly contradicts what a different solicitor at their firm told me when I sat down with them in January. I was never notified that I would be responsible for anything, nor was I asked to pay anything until now. They're effectively blaming me for the estate's failure to act on their end.
I'm reluctant to formally complain, as they've made it clear that every email I send results in more charges to the estate which I'll ultimately be paying for as beneficiary. I don't want to escalate this if there's no realistic outcome, but I also don't want to just accept the financial and legal consequences for something I don't believe is my fault.
I should also mention that this firm would not pay for my mom's funeral expenses, even though there was sufficient money in the estate, as they had not collected the funds from her bank accounts. I had to pay for the cremation, repairs to the home, ongoing yard maintenance, etc etc.
They've told me that provisionally the bill for their 'service' will end in the region of 7,000GBP - For what? Obtaining the death certificate and filing a death notification?
What are my options?
Is it normal for a solicitor-executor to shift responsibility to a beneficiary before the property has even been transferred - and after over seven months have elapsed since the date of passing? And how can I protect myself without running up more costs?
Lastly, communication from their offices has been atrocious(Lack thereof). I've asked several questions about the process along the way, relating to timeframes, responsibilities etc, and rarely received any reply. Example, on March 6th -
"I’m following up on my request a week ago for an update on my mother’s estate and the probate application.
I’m concerned how long the application is taking and really concerned about the status of her house as it sits empty. Is the electricity and gas service still connected, are the bills being paid?
I am considering booking a flight over so I can take care of the property. An update would be most appreciated so I can decide what needs to be done."
I received no response to the above question.
They've also dealt with this in a most insensitive manner, and while I'm trying to keep emotions out of it, it's not easy to do. Example, on January 17th, 3 weeks after her passing, I was notified by the Funeral service that they were unable to collect her remains from the mortuary as the bill had not been paid by the Executor (the Solicitor).
I tried to contact the Solicitor handling my mom's estate but it was a Friday and she/they don't work on Fridays, so I couldn't reach anyone. I tried again using their Messenger account and received a response from the MD of the firm, he said:
"I'm sure she will have received it (my message) and it will be dealt with in due course. I assume it's not urgent bearing in mind the time scale in this case."
(Not urgent, really??!! My mother had been dead for 21 days at this point)
And then -
"Funeral directors are use(sic) to waiting months before they are paid - Are we in funds to pay?"
At one point I was told that "responding to your questions just adds more costs that need to be paid for by the estate".
How unprofessional can a law firm be before someone holds them accountable?
At this point I'm looking for input on the validity of their claim that I'm responsible for all upkeep and payments on the property, from the date of my mom's death. Something just doesn't sit right on that point.
Since then, very little has happened. The utilities were never transferred, no maintenance has been arranged (other than by me and paid for directly by me), and the utility bills are now in arrears.
I received a message from the solicitor a week or so ago suggesting that I was responsible for all costs related to the property (insurance, council tax, utilities) from the date of death, despite their earlier instructions and the fact that I was told they would handle all ongoing property matters.
Here's what they sent me:
**When a property is gifted in a Will the beneficiary acquires the ownership from the date of death. This means the beneficiary also takes on the expenses on their gift from the date of death, the ongoing expenses of the property are not estate expenses. The Will could provide directions but if it is silent on the point it is common law principles are applied. ie. the cost of maintaining and preserving the property from the date of death are payable by the beneficiary. This includes costs such as insurance, utility bills, council tax and storage costs. (The beneficiary would also be entitled to any rents or profits from the date of death).**
Is the above statement legally accurate? It certainly contradicts what a different solicitor at their firm told me when I sat down with them in January. I was never notified that I would be responsible for anything, nor was I asked to pay anything until now. They're effectively blaming me for the estate's failure to act on their end.
I'm reluctant to formally complain, as they've made it clear that every email I send results in more charges to the estate which I'll ultimately be paying for as beneficiary. I don't want to escalate this if there's no realistic outcome, but I also don't want to just accept the financial and legal consequences for something I don't believe is my fault.
I should also mention that this firm would not pay for my mom's funeral expenses, even though there was sufficient money in the estate, as they had not collected the funds from her bank accounts. I had to pay for the cremation, repairs to the home, ongoing yard maintenance, etc etc.
They've told me that provisionally the bill for their 'service' will end in the region of 7,000GBP - For what? Obtaining the death certificate and filing a death notification?
What are my options?
Is it normal for a solicitor-executor to shift responsibility to a beneficiary before the property has even been transferred - and after over seven months have elapsed since the date of passing? And how can I protect myself without running up more costs?
Lastly, communication from their offices has been atrocious(Lack thereof). I've asked several questions about the process along the way, relating to timeframes, responsibilities etc, and rarely received any reply. Example, on March 6th -
"I’m following up on my request a week ago for an update on my mother’s estate and the probate application.
I’m concerned how long the application is taking and really concerned about the status of her house as it sits empty. Is the electricity and gas service still connected, are the bills being paid?
I am considering booking a flight over so I can take care of the property. An update would be most appreciated so I can decide what needs to be done."
I received no response to the above question.
They've also dealt with this in a most insensitive manner, and while I'm trying to keep emotions out of it, it's not easy to do. Example, on January 17th, 3 weeks after her passing, I was notified by the Funeral service that they were unable to collect her remains from the mortuary as the bill had not been paid by the Executor (the Solicitor).
I tried to contact the Solicitor handling my mom's estate but it was a Friday and she/they don't work on Fridays, so I couldn't reach anyone. I tried again using their Messenger account and received a response from the MD of the firm, he said:
"I'm sure she will have received it (my message) and it will be dealt with in due course. I assume it's not urgent bearing in mind the time scale in this case."
(Not urgent, really??!! My mother had been dead for 21 days at this point)
And then -
"Funeral directors are use(sic) to waiting months before they are paid - Are we in funds to pay?"
At one point I was told that "responding to your questions just adds more costs that need to be paid for by the estate".
How unprofessional can a law firm be before someone holds them accountable?
At this point I'm looking for input on the validity of their claim that I'm responsible for all upkeep and payments on the property, from the date of my mom's death. Something just doesn't sit right on that point.
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