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Legal matters

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Probate - how will this work?

4 replies

CuckooCuckooClock · 02/08/2019 09:54

My gran died and left her house to my mum, my brother and me.
We have buyers but I’m really confused about what happens now.
Do the buyers send the money to probate then they send it onto the solicitors who are dealing with the will then they divide it up between the three of us?
I don’t have the best relationship with either my mum or my brother so it’s all a bit strained.

OP posts:
prh47bridge · 02/08/2019 12:48

They will pay your gran's estate which is now controlled by her executors. The executors will then settle any debts and pay the beneficiaries according to your gran's will (or, if she didn't make a will, the intestacy rules).

CuckooCuckooClock · 02/08/2019 13:08

Thank you.
My mum and I are both executors of the will.
If the money is paid to my grans estate and we are both executors does than mean we both have to settle solicitors bills etc together? Will the solicitors do all the paperwork like checking receipts?
I suspect my mum will make this as difficult as she can.

OP posts:
prh47bridge · 02/08/2019 13:36

The solicitor for the house sale will normally deduct their fees and pay the estate agent before forwarding the money to you.

If you are using solicitors to help administer the estate they will have to be paid from the estate. Whether that will need both of you to arrange this or just one of you depends on how the estate finances are being managed. Similarly, what any solicitors helping to administer the estate will do depends on what has been agreed with them.

redastherose · 03/08/2019 14:59

The Executors need to appoint a conveyancer to deal with the sale. The conveyancer will need to be appointed by both Executors but they will be used to dealing with this issue as it is more common than you'd think. The conveyancer will deal with the sale and as @prh47bridge said they will pay the Estate Agents and their own fees from the sale proceeds. They will then release the balance to the Executors to distribute in accordance with the Will. If you have employed solicitors to deal with the winding up if the Estate they will pay any debts, funeral or testamentary expenses and their own fees and the balance is then split between the beneficiaries.

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