How long should a solicitor take to distribute an estate.
Discussion
This is a question my wife keeps asking me.
Background. Her parents died in October last year and then March this year.
She has 2 siblings and her brother has allowed a local solicitor to do his executor duties.
The house was sold 2 weeks ago, and all cash and investments were in.the solicitor' s client account weeks before that.
All He has to distribute as per a simple will. £4k to each of the grandkids, and the remainder £500k approx split three ways to their children.
Given that I've had dealings with said solicitor in the past, and found them.to.be very inefficient, ineffective and incompetant, but that I'm not allowed to critise the choice by her brother to use them, I can.only say " Have patience"
Her brother seems incapable of encouraging.them and for my wife it's an emotional thing. She's desperate to do.the right things with what she considers to be her parents money.
I reckon they could take another year.???
Background. Her parents died in October last year and then March this year.
She has 2 siblings and her brother has allowed a local solicitor to do his executor duties.
The house was sold 2 weeks ago, and all cash and investments were in.the solicitor' s client account weeks before that.
All He has to distribute as per a simple will. £4k to each of the grandkids, and the remainder £500k approx split three ways to their children.
Given that I've had dealings with said solicitor in the past, and found them.to.be very inefficient, ineffective and incompetant, but that I'm not allowed to critise the choice by her brother to use them, I can.only say " Have patience"
Her brother seems incapable of encouraging.them and for my wife it's an emotional thing. She's desperate to do.the right things with what she considers to be her parents money.
I reckon they could take another year.???
When my old dad passed it took 11 months. Passed away in December, house sold following June + building society account etc, no debts to cleared, equal split between me and sis no quarrels/complications etc. Money actually distributed following November.
A solicitor will tell you about the probate year. Found at the time you can't complain about the slow process of winding up an estate for a year after the death. So it usually takes a year. Nobody has ever accused a solicitor of moving too fast!
A solicitor will tell you about the probate year. Found at the time you can't complain about the slow process of winding up an estate for a year after the death. So it usually takes a year. Nobody has ever accused a solicitor of moving too fast!
In addition to what others have said, there is a period of 6 months after probate has been granted for anyone to make a claim against the estate, say a previously unknown debt etc. If this happened and the executor had already distributed the estate they become personally liable for the cost.
It is recommended you don’t distribute the full estate until after this point, but nothing stopping interim payments being made. This is what I did when acting as an executor.
It is recommended you don’t distribute the full estate until after this point, but nothing stopping interim payments being made. This is what I did when acting as an executor.
Mr Dendrite said:
In addition to what others have said, there is a period of 6 months after probate has been granted for anyone to make a claim against the estate, say a previously unknown debt etc. If this happened and the executor had already distributed the estate they become personally liable for the cost.
You would think that the solicitor would make that clear at the outset, as otherwise people will assume he's an incompetent duffer.Simpo Two said:
Mr Dendrite said:
In addition to what others have said, there is a period of 6 months after probate has been granted for anyone to make a claim against the estate, say a previously unknown debt etc. If this happened and the executor had already distributed the estate they become personally liable for the cost.
You would think that the solicitor would make that clear at the outset, as otherwise people will assume he's an incompetent duffer.
Mr Dendrite said:
Of course all this can be done and then they’re still capable of incompetent dufferage
Assume all solicitors are incompetent duffers until proven otherwise. One cost a cousin £80K by fumbling an estate.Last time I needed one I ended up with a 'paralegal'. Sounds exciting, like some sort of commando, but in fact are just helper monkeys. Thanks to PH I ended up knowing more than he did!
Edited by Simpo Two on Monday 18th October 22:57
Sorry for your loss. Probate is what my OH does. If the family are genuinely capable of deciphering and conveying correct and final meter readings from two weeks ago when the house was sold it should be a breeze. Unless Scottish Power or Eon are involved. Then you’re screwed - a final actual final end bill is just a myth, something you can only dream of. Those meter readings must align exactly with the new owners readings. Or the stars, I’m not sure which. Customer services cannot help your faithful legal eagle, it’s all down to The Computer. An actual final bill hardcopy when it’s finally delivered by some magical sorcery to the solicitors correct office address should be treasured. Until the next one turns up a week later.
Did you cancel the newspapers? Window cleaners? Gardeners? Car sold and transferred ownership with DVLA etc? Every single share, bank account, credit card and investment identified, valued and sold? Are you sure? A bill for literally just a few quid appearing from some previously unknown mail order company can delay things very easily. Or finding random jewellery or a new bank’s statement under the bed when the house is finally cleared can be a good one.
Foreign investments? <sucks teeth>
Best thing to do is leave the solicitor to it for at least a month after the house sale especially if they’re billing on an hourly rate - every single ‘hows it going’ email or phone call may cost that ‘straightforward simple’ estate £20-£30. One restrained family member being the solicitors sole point of contact is much easier and cheaper than a nice friendly probate group chat with emails flying round like confetti - that can get expensive very quickly.
Did you cancel the newspapers? Window cleaners? Gardeners? Car sold and transferred ownership with DVLA etc? Every single share, bank account, credit card and investment identified, valued and sold? Are you sure? A bill for literally just a few quid appearing from some previously unknown mail order company can delay things very easily. Or finding random jewellery or a new bank’s statement under the bed when the house is finally cleared can be a good one.
Foreign investments? <sucks teeth>
Best thing to do is leave the solicitor to it for at least a month after the house sale especially if they’re billing on an hourly rate - every single ‘hows it going’ email or phone call may cost that ‘straightforward simple’ estate £20-£30. One restrained family member being the solicitors sole point of contact is much easier and cheaper than a nice friendly probate group chat with emails flying round like confetti - that can get expensive very quickly.
So three siblings. But one brother is executor who then assigned a solicitor?
Or are you all equally executors, and one brother has unilaterally assigned a solicitor to the entire job...?
I’d just sit back and wait if you’re not an executor. If your brother buggers it up he’s liable... even though he has a solicitor on the case.
Unless he’s passed his executor duty entirely to the solicitor which I’d say was a bit odd given a three way split on the residuary... really you should have all been consulted in my view.
In any case just call the solicitor with direct specific questions, get answers, move on. Probably £15 a call though.
Or are you all equally executors, and one brother has unilaterally assigned a solicitor to the entire job...?
I’d just sit back and wait if you’re not an executor. If your brother buggers it up he’s liable... even though he has a solicitor on the case.
Unless he’s passed his executor duty entirely to the solicitor which I’d say was a bit odd given a three way split on the residuary... really you should have all been consulted in my view.
In any case just call the solicitor with direct specific questions, get answers, move on. Probably £15 a call though.
My mum's took 18 months, covid didn't help as the probate system shut down, and generally everyone official decided to use it as an excuse to do f
k all.
We paid a solicitor as there were some difficulties with some private company shares, but the money she got out of the company more than paid her fixed price fees and meant we didn't have to deal with them, as I may have been done for murder shortly afterwards.
As for power companies, I'd also include Shell Energy in the shyster column as they insisted my dead mother had used £300 of gas and electricity in 12 months in an empty house while she was dead, and insisted they were correct because their smart meter said so
k all.We paid a solicitor as there were some difficulties with some private company shares, but the money she got out of the company more than paid her fixed price fees and meant we didn't have to deal with them, as I may have been done for murder shortly afterwards.
As for power companies, I'd also include Shell Energy in the shyster column as they insisted my dead mother had used £300 of gas and electricity in 12 months in an empty house while she was dead, and insisted they were correct because their smart meter said so
As I understand it. My Brother in law is the Sole Executor.
The house sale was delayed because the solicitor fecked up the application for probate, and therefore it couldn't be sold. Luckily the buyers waited because bargain. Took the first offer, and took it off the market before it was advertised on rightmove.
I suggested waiting a couple of weeks. But hey.
So in conclusion, the solicitor will try to delay until 6 months after probate? Which was only 3 weeks ago.
The house sale was delayed because the solicitor fecked up the application for probate, and therefore it couldn't be sold. Luckily the buyers waited because bargain. Took the first offer, and took it off the market before it was advertised on rightmove.
I suggested waiting a couple of weeks. But hey.
So in conclusion, the solicitor will try to delay until 6 months after probate? Which was only 3 weeks ago.
Wife's Godfather appointed a firm in Liverpool to be his Executor - I just looked back and it took spot-on 6 months, including a very straightforward (cash to a builder) house sale. We're aware his very pushy great neice was all over the solicitor and I'd imagine he'd have been keen to get her off his back.
I do recall from the time that a lot of his emails seemed to start 'sorry to only just get back to you, I've been on holiday for the last two weeks'.
I do recall from the time that a lot of his emails seemed to start 'sorry to only just get back to you, I've been on holiday for the last two weeks'.
sociopath said:
My mum's took 18 months, covid didn't help as the probate system shut down, and generally everyone official decided to use it as an excuse to do fk all.
Perhaps we got in quick, but FIL died late March 20, just as everything kicked off. We had the Grant before the end of April.k all.Simpo Two said:
Assume all solicitors are incompetent duffers until proven otherwise. One cost a cousin £80K by fumbling an estate.
Last time I needed one I ended up with a 'paralegal'. Sounds exciting, like some sort of commando, but in fact are just helper monkeys. Thanks to PH I ended up knowing more than he did!
oh yes my mum's lawyers lost her will saying she never did one despite lawyer coming around house and i saw and copied paperwork-surprisingly once i sent them a copy of the will they "found" their copy......Last time I needed one I ended up with a 'paralegal'. Sounds exciting, like some sort of commando, but in fact are just helper monkeys. Thanks to PH I ended up knowing more than he did!
Edited by Simpo Two on Monday 18th October 22:57
I hope it's OK to ask on this thread rather than start another: If there is no house to sell (since the person went into a Nursing home 4 years ago when the house was sold) I presume that should that make it a quicker process? I had LPOA for that 4 years, so I know the only outgoings were the payments to the home and we have a copy of the will that has been confirmed as the one held by the original solicitors.
At the risk of appearing like a money grabber I'd like to get this resolved as the stress of this death and additional (new) stresses at work mean that I am seriously considering leaving my job. Part of this inheritance would mean I could clear what is left of my mortgage, thus I could live (frugally) on an ex Services pension and another small pension I could start taking until my main company pension starts in 4 years time.
At the risk of appearing like a money grabber I'd like to get this resolved as the stress of this death and additional (new) stresses at work mean that I am seriously considering leaving my job. Part of this inheritance would mean I could clear what is left of my mortgage, thus I could live (frugally) on an ex Services pension and another small pension I could start taking until my main company pension starts in 4 years time.
OldSkoolRS said:
I hope it's OK to ask on this thread rather than start another: If there is no house to sell (since the person went into a Nursing home 4 years ago when the house was sold) I presume that should that make it a quicker process? I had LPOA for that 4 years, so I know the only outgoings were the payments to the home and we have a copy of the will that has been confirmed as the one held by the original solicitors.
At the risk of appearing like a money grabber I'd like to get this resolved as the stress of this death and additional (new) stresses at work mean that I am seriously considering leaving my job. Part of this inheritance would mean I could clear what is left of my mortgage, thus I could live (frugally) on an ex Services pension and another small pension I could start taking until my main company pension starts in 4 years time.
Assuming no “because Covid” delays, it should be possible to do it in a couple of months or so, depending on how many financial institutions you have to contact. Try to avoid using a solicitor for stuff you can easily do yourself.At the risk of appearing like a money grabber I'd like to get this resolved as the stress of this death and additional (new) stresses at work mean that I am seriously considering leaving my job. Part of this inheritance would mean I could clear what is left of my mortgage, thus I could live (frugally) on an ex Services pension and another small pension I could start taking until my main company pension starts in 4 years time.
OldSkoolRS said:
Thanks Outnumbered and my apologies to the OP for piggybacking on this thread.
Are you the Executor? My Mum was in same position - in a care home, house sold etc. I did the whole thing myself, including Probate, in a couple of months.
If a solicitor is the Executor then 6 months seems routine and as per the OP, 12 months not unusual.
I'm sat looking at a solicitor's letter that says 12-18 months, though I suspect there is an element of arse-covering there.
Issue in my father's case is that there are a lot of assets, very few in the form of simple cash, and the inheritance tax has to be paid before probate is granted. Meanwhile many of the assets are reluctant to be turned to cash until probate is granted.
Same solicitor's letter said it would be much quicker if I paid the six figure inheritance tax bill myself, if I had the cash lying about.
Issue in my father's case is that there are a lot of assets, very few in the form of simple cash, and the inheritance tax has to be paid before probate is granted. Meanwhile many of the assets are reluctant to be turned to cash until probate is granted.
Same solicitor's letter said it would be much quicker if I paid the six figure inheritance tax bill myself, if I had the cash lying about.
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