Executor Sign Off

[Mercury55]

Hi, I last asked a month ago about a Executor signing off Final Accounts, I was told 2 weeks ago the Accounts were being sent to the Executor for signing, today I have been told the Solicitors are “ awaiting instructions from the Executor” , house was sold b@ck in November and I’ve been told for 3 months now the accounts are being finalised. I am one of 3 Residue Beneficiaries, I think I need to apply to the courts to get the Accounts and distribution as they are all just dragging time with no real reason as to why. How do I apply to the courts for release of accounts?

[Peridot]

Hi Mercury55,

Did the solicitors actually confirm they had sent the accounts for approval or that they were being sent? This could mean the accounts may not have been sent until your further contact with them when they confirmed they were awaiting instructions from the executor? I would be inclined to wait a little longer if I were you maybe another couple of weeks before taking steps to apply for an estate inventory and account.

Obtaining the account doesn't mean the estate is then distributed so not only would you be paying for an application it may also delay matters even further as well as potentially reducing the amount the residuary beneficiaries eventually receive if the costs of dealing with the application are added to the solicitor's bill (which is then deducted from the estate sums as a testamentary expense.

Estate accounts can take time I'm afraid, it appears that you are so close now it may be worth taking a breath (again) and riding it out a little longer. This thread may help as far as applying for estate account and inventory are concerned (from post#4 on) https://legalbeagles.info/forums/for...3396-intestacy
but as you'll see you have to then wait for the summons to come through and give a further 21 days for the account to be produced.

[Mercury55]

Thank you for your time,
That's the problem, conflicting communication every time you ask..
First they were being sent out in 7 working days.
Then 14 days later they were just "on the desk" the final accounts going to Executor for approval, that was 2 weeks ago, Now awaiting instructions from Executor, what instructions can they be waiting for? Just sign the Accounts.
Are all Solicitors this bad?
Why has it taken 4 months to do accounts after house was sold? Can't get a straight answer from them.
What can I do
So frustrating!!
Thank you

[Peridot]

There’s any number of reasons to be fair, making final checks all debts paid, awaiting HMRC confirmations all tax paid, waiting for executor instructions, waiting on dictations to be typed and sent out, you name it!
It is so frustrating when you keep being told it’s been done when it seems that isn’t the case. We all understand people are busy but just be honest rather than saying what you think someone wants to hear.
Not much else I can say really it is a waiting game, always.

[Mercury55]

Thank you for you understanding.
Yes just be honest is all I want and a realistic time frame.
So there is no point getting a Solicitor to send a letter asking for the same thing, just more expense?

[Mercury55]

Hi, I received my late Mother's accounts, not one set but 2, the executor has decided the 3 beneficiaries should decide if my brother has money deducted hekept he says my mom told him to look after her dog. Is £1900 , he never disclosed this until the accounts cam out.
Has anyone ever heard this happen before?
If all 3 beneficiaries sign the one where he has money taken off the executor will go with that one, if the 3 of us can't be unanimous, she will go with the second one, where its shared equally, obviously he's not going to sign the one where he loses money.
It is also on condition I return my moms jewellery items(2 rings I have), this feels like being held to ransom/ blackmail if I don't return them.
Help!!
It's all bonkers for a couple of thousand pound
Thank you

[Peridot]

Hi again,
Not the correct route but as you say is it worth the fight over £1,900! Maybe if he's allowed that, you keep the rings? Just a thought? Are the rings of significant value and if they are were they included in the accounts?

[Mercury55]

Hi,
2 sets of accounts is that right or not?
Surely the executor should make a decision

Rings worth just the gold value, £20 each, none specific in the will, just the executor has power to distribute all personal chattels, value on accounts for total house contents £200, although an itinerary was never made by executor. My sister the third residue beneficiary wanted 2 rings, so now I have returned mine I have none, my brother has 2 which he says he will not return, ever,
and I believe the executor will give the other 2 to my sister.
He's refusing to sign either account as he says it stops him taking the executor to court afterwards.
It's all madness!!
Do I contact the solicitor ask him what the course of action is now?
Thank you

[Peridot]

Hi again,

You seem to be going around in circles. I suspect that you need to contact the solicitors who are dealing with the estate and ask them to explain why they believe 2 sets of accounts are acceptable and what they propose doing in the event the residuary beneficiaries can't agree either of them.
As I have explained previously it is the executor's decision although the solicitors who she instructed should be advising her on the best course of action.
These are your previous threads for completeness:-
https://legalbeagles.info/forums/for...d-of-the-rings
https://legalbeagles.info/forums/for...cutor-sign-off
It may be worth amalgamating them all so that people can see the whole of the journey so to speak
Amethyst ? (not sure how we can amalgamate threads with different user names?)

From your first post on this thread, you appear to state that unless all the residuary beneficiaries agree the set of accounts allowing your brother to receive the £1,900, then the alternative set will be used for the distribution (so equal division between the residuary beneficiaries) Isn't that what you want? You don't appear to state that all the residuary beneficiaries have to agree the equal division set, for this to be the route they choose, or have I misunderstood?

[Mercury55]

Hi Peridot,
Thank you
Yes what a nightmare!!
Yes my mind is all over the place with this bizzare case.
Should I challenge the solicitors then about having 2 sets of accounts, they just always reply, we are acting on behalf of our client the executor.
If its not unanimous by all 3 beneficiaries that he has the £1900 taken off him then the other set of accounts will be used(equal share), but how ridiculous, he's never going to sign the set that says he loses money. He has also said he's not signing any accounts as it takes his right away to sue the executor after.
What about the rings, I handed my 2 into solicitors trying to do the right thing and get this sorted.
What's my next move its madness!!
Thank you

[Peridot]

As you mentioned what is the point arguing over £1,900 and the rings for that matter albeit they have significant sentimental value. The cost of fighting could easily outweigh the benefit to the residuary beneficiaries.
As I mentioned previously the beneficiaries don't have to agree the accounts but it is good practice to present and ask for their agreement. The executor can do as she wants.
It is up to you which accounts you give an indication on. It appears that if not all of you agree to deduct the £1,900 then the other accounts giving equal shares to all residuary beneficiaries will be acted upon. If you want to clarify that is the case you would need to contact the solicitors as to their instructions as to what happens in the event not everyone agrees to the deduction from the brother's share. Will the estate then be distributed irrelevant of residuary beneficiaries approval?

[Mercury55]

Thank you.
Can he take her to court if he does not sign accounts after she distributes?

[Peridot]

Hi,
He could try but he needs to prove his case that he is owed the money. I don't know all the details and this is of course a decision for him.

[Mercury55]

Hi Peridot

I have returned my set of signed accounts and the 2 rings I had in my possession. I have told solicitors my brother has the other 2 Rings and that he has the other 2.
He is now denying he has them, refuses to sign a set of accounts and refuses to return rings. Solicitors are saying court action could follow. Will they go to court over 2 £20 rings?
I have offered my 2 rings to the other Beneficiary to try and appease and finish this.
What should I do, I have proof my brother admitting to having the rings

[Mercury55]

Hi,
Can you advise on the above post please and also,
When solicitors sent accounts out giving 14 days to sign either set (which expires tomorrow on the 18th), they said a decision would be made by executor which accounts would be used. Distribution was also on condition I returned my moms jewellery which I have done. Do they have to stick with this or can they change the letter again? Is this seen as a contract ?
Thank you