Executor issues

[Icedlatteplease]

My sibling died leaving somewhat of a mess. The solicitors managed to transfer her property into a trust that she then forgot to finish setting up. It ended up registered at the land registry in a name that didn't exist. It was a mighty cock up by the Solicitors.

I wanted them to talk to the Law society at this point when Mum and dad found out, however they didn't

Mum and dad as executors were, in the processes of sorting it out, given the option of putting the property into her kids name or their name. For convoluted reasons they were (with her kids permission) trying to delay it coming into kids name. So agreed to it being labelled as their name " as executors". It wasn't meant to be in their name proper

DM has now been told in order to transfer the property my DSis kids have to pay mum and dad for it. DM is up in arms because isn't was not meant to be in her name, just in her name as executors.

They are in a bit of a mess arent they. Is it likely to now be considered part of her estate?

At the date of death the position would be the land registry if at the date of death it was in trust then the trust owned it. When you transfer property into trust it is common to split the house ownership as tenants in common with a deed of trust. If the property was transferred to a trust 100% then the trust owned it fully. Because of the mistake from1st solictors you should get legal advice from other solicitors as it doesn’t sound right that they were able to put ownership as executors of have you checked the land registry for £3?

@Icedlatteplease I agree with previous poster, you need a solicitor to sort this out. Bit honestly it dishy sounds like your parents are up to the job of being executors. Maybe they coitus step down and let someone else take over?

I meant to add if new solicitors are asked to look at it only certain solictors do trust work check they are STEP members. It’s a minefield if trusts have not been set up properly unfortunately there is a lot of unregulated will writers services who claim they can help offering cheaper services but you have no recourse. Your idea re the law society for the first solicitor was a good one why did the executors oppose this?

Why delay dc having it? That’s the big problem. If it should be theirs it should be. It could be in trust.

Thank you. I don't know too much as the story changes slightly everytime DM tells it.

The delay was in my Dsis' kids benefit and there was some challenges with probate because of the mess Dsis left.

Tbh I am a little worried about capacity as something unrelated that DPs had done for DD i found was badly wrong. DM did not take to kindly to my pointing out it was (illegally) wrong and trying to sort it. DMum is "in despire" with the stress of being executor but won't do anything which seems to me just basic when I suggest it.

I am not the child they consider successful and therefore not the one they generally consider worth listening too about these things (i have not had a successful marriage or career).😖😖😖 they have been talking to which legal helpline, which i really dont think has helped. I am however the one who spends any significant amount of time with them etc....

Tbh this might be the main takeaway for me. My instincts are spot on and worth listening too.

@Icedlatteplease I feel for you! It doesn't sound as if your parent is fit for the role of executor.
How old are the children? Could their dad get involved?

Please can I ask how you know of a solicitor is a step member?

I say kids 😜 they are only a few year younger than me and i feel am ancient. But both have their own challenges which mean because its too hard they've left it to my mum. Sometimes i do feel for here but she won't accept anyones help really anyway. They have a devoted step dad but he wouldn't get involved in anything legal, he wouldn't have any legal standing either.

Part the problem, We are all used to my DPs being so capable.

https://www.step.org (Their directory of members) law society may refer to qualifications of solicitors as well. Just be wary trust law is complicated I’m not legally qualified but work in similar area. Your original post worried me that the first solicitor made a mistake if so did they admit liability?

Yes I think so although i dont know if that was ever put in writing. Funnily enough i raised that too but DM was all it's all resolved at the time stop fussing. Although they tried to blame my sister for not sending back the necessary paperwork. I don't know how they put the property into a trust that didn't exist. The best solution to my mind was to finish setting up the trust, but I'm not sure why that didn't happen either. They refunded the cost or setting up the trust which DM saw as a win. The will was screwed up too. But tbh Dsis was high as a kite on morphine when she did it (the will before was done before she was so ill and from what I saw was decent, not great compared to the one I'd had set up in will but i think would probably have served). I don't know why she did another. neither law firms are step members.

You've have reassured me on my will though. I need to put my property in trust for a vulnerable family member if anythinghappens to me. The solicitor who did mine is a step member. I did pay much more for it though