Waaaaaaaaaaaaaaaaagh! Probate problems

[Jux]

Well, actually no probs with probate itself.

Some of you may know that last year my mum died and 6 weeks later my little brother died too. Mum's stuff is v straight forward, the Will was v simple naming me and my two brothers as beneficiaries, my elder bro as executor along with a specified firm of solicitors.

My little bro's 'estate' was much more complicated. No Will (sudden unexpected death), large debts, a hundred million credit cards, self-employed musician so hard to tell who still owed him, couldn't find accounts etc. He owned a flat in prime position in central London which was in a dreadful state - worse than the worst squat you have seen.

We decided that as my big bro was executor and dealing with mum's stuff that I would deal with little bro's stuff. I appointed solicitors, cleared the flat and did loads of stuff. We got probate quite a while ago, long before we got probate on mum's estate.

Since getting probate on mum and being instructed to liquidise all mum's assets the solicitors don't really seem to be doing anything.

I am being pushed by my little bro's solicitors to finish the refurb on his flat so it can be sold. They can't hold off the debtors much longer, which includes the mortgage co., who could presumably just repossess it and then that's everything up in smoke.

However, I can't finish the refurb until I get some dosh from mum's estate. My big bro tells me that the woman dealing with it was either not in today, they "don't know where she is right now" or otherwise unobtainable whenever he tried to contact her last week. Likewise, she is not in on Mondays, so he couldn't talk to her today either.

By accident, a load of certificates of sale of shares came to me nearly 3 weeks ago, amounting to 30,000. I rang the brokers who told me that they have paid that money by BACS into the solicitors' account the day before I spoke to them - over two weeks ago now.

I am getting v frustrated with these solicitors; I can't do anything about it, as my brother is the one who has to deal with them. He has a lot on his plate as he has a ft very stressful job which entails long hours.

My dh says that we could threaten them with the ombudsman, tell them how disappointed we are with them that they are taking so long when they were the trusted sols of my parents for over 30 years and so highly valued that they were appointed execs in the Will etc.

Is there anything I can do, or which can be done, to hurry them up?

Are the proceeds from the sale of the flat when refurnished enough to cover debts and leave excess? Can you just arrange for sale of flat as it is?

Yes, once sold after refurb the proceeds will more than cover his debts (including mortgage), but only if the refurb is finished.

Estate agents are calling me all the time now to find out when it will be ready as the best time to sell is nearly over. They are not keen on selling it until it's finished, even as a 'project' - without kitchen and bathroom, in fact.

We have no money left to buy the kitchen and bathroom or to pay our lovely builder (dh's godson) to install them (and we owe him for work he's already done, though not too much and he's OK with it atm).

It is always best not to appoint solicitors to administer estates, they are slow and expensive.

Suggest that your brother the executor insists that they make an INTERIM payment immediately.

Thanks, I'll tell him.

Is there any way to speed them up?

How can you wind up an estate without appointing a solicitor? My little bro's affairs were so convoluted and incomprehensible that I don't see how I could have done it without those solicitors, but they are a different firm from my mum's.

I assume that there is some cash which the solicitors are holding from your mums bank accounts. I suggest that your executor brother could instruct the solicitor to make an INTERIM payment to each of her children.

There's at least 10K in one of her bank accounts, 3K in another and the 30K which I know the solicitor is holding.

I spoke to my bro a few minutes ago and he has already asked for an interim paymnet; the response was it would take 10 days to 'clear'. I don't understand that as I know we can transfer money out of our account and straight into someone else's (not the same bank, let alone branch) and it will be in their account instantaneously.

I am mightily pissed off.

I have sent her an e-mail telling her that I am happy for her to give big bro whatever sums he requires.

Tell your brother to ask them to write out a cheque, and he will worry about when it clears.

Jux - it sounds like the solicitors are being very slow. I have acted as executrix to both my parents and it is really not at all difficult if the affairs are in order. Solicitors are usually just an expensive extra hurdle.

You have a valid interest in the efficient distribution of your mum's estate (as a beneficiary). Send them an e-mail, citing the case of Ross and Caunters as authority that they owe you a duty of care, and say if something doesn't happen within 7 days you will complain to the senior partner and thereafter to their professional body. If you eventually lose out financially because of their dilatoriness/negligence, you could claim damages.

Aha, jacksgrannie, thank you. I will do that.

Good idea about the cheque, LucindaCarlisle, I shall do that too.

I just the bloody woman to pull her finger out.

I just want the ....