Ps do not hand over keys until you get proper legal advice from a solicitor. All sounds a bit suspicious and it's an elderly couple??? Very weird
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Legal, pensions and money
Should I hand flat keys to executors of will?
(40 Posts)Hello everyone
Can anyone give me a bit of legal advice or share their experience to help me?
In my dad's will my brother and I were named as executors. I have great difficulties in dealing with my brother so I contacted the firm that my dad made his will with and asked them to take over the role of being executors. My brother was very happy to leave this task to someone else and so we signed over executorship (is that a word?) to this firm who I thought was a firm of solicitors but later turned out to be an elderly couple with some experience of drawing up wills and dealing with probate.
I am worried about the people who we appointed. There were a number of red flags but I don't know if I am being unreasonable.
The probate certificate was granted several months ago but I still get my dad's old bank, and various financial companies where my dad held money, as well as his utility companies and landlord, writing to me asking me to supply various certificates for over six months. I think this is because I had power of attorney for the past few years but was worried that our executors were not doing their job.
I recently asked the executors if they could send me a brief summary of who they have contacted and how things are going in terms of dealing with the estate.
They wrote back saying they could not tell me because it would cost me money for them to write to me to inform me of every step of the probate process. I said I just wanted a rough idea not a detailed step by step account, but they did not reply.
They also changed their official correspondence address. I got suspicious and then realised that they were not solicitors as we had thought but were 'probate specialists' . However in conversations with me and my brother they clearly allowed us to believe they were solicitors and did not explain that they were not until I confronted them with it. So there were several 'red flags' for me, I have not listed them all.
Otherwise the main gentleman we've dealt with acting as our executor seems charming in person.
However he wanted me to hand over the keys to my dad's flat two months ago when it was still full of valuables and I was still half living there to sort through my dad's many belongings.
He said he needed the keys so he could sell the flat. I felt very uneasy about this so I have made various excuses why I could hand over the keys yet.
Then he told me that I had to completely clear the flat before he could sell it and gave me a month to do this. I could not meet his deadline, plus I still do not understand why I need to hand over the keys or completely empty the flat selling it via an estate agent.
These people are still pressurising me to hand over the keys to them. I have put them off for another month while I sort through things to give away, sell or dispose of. This is my family home where I was my dad's carer, although I have my own separate home, I am used spending a lot of time in my dad's flat doing general maintenance.
The long and the short of it is that I do not feel comfortable handing over the keys to these people.
Do they legally have to sell the flat?
My brother and I just don't understand and we would rather give the keys to an estate agent to sell the flat. I would prefer the flat to still have a few basic bits of furniture, cleaning things, vacuum cleaner, and kettle in it, so I can still still visit the flat and maintain it, maybe give it a lick of paint, while we are waiting for the sale to complete. Then once the flat is sold my plan is to get it cleared completely.
Our executor wants a totally empty flat, containing only carpets, and they want the keys now, but I feel that they are not 'playing ball' because they refuse to tell us who they have contacted in terms of banks, utilities, landlord and what they have done about the estate, plus they let us believe they were solicitors until they were found out.
Do they have to sell the flat and take the keys or can we sell the flat ourselves via an estate agent and then ask the executor to divide the proceeds equally between myself and my brother?
This reminds me of something radio 4 investigated last year probably on you and yours.
? Are they based in Essex.
I can't remember it all now but they were linked to a company that cleared houses...
Even if it's not the same company you might be able to compare modus operandi.
Cant do links.
Google craybeck law and Ron hiller.
And of course contact a proper probate solicitor immediately.
I think it is very worrying that you signed documents without even reading them. You could possibly have signed away your inheritance.
I hope this is not the case but I think it is vitality important to take legal advice before taking any further action with these people.
No, you do not have to empty the flat. In fact, many estate agents will tell you to depersonalise and declutter but leave basic furniture in place so that buyers can visualise.
Bed, table and sofa can be a good guide to buyers, and if you do not want the furniture going forward, you can offer these as optional extras to the sale.
If you are still staying there, with your brother's agreement you can arrange viewings with an estate agent by appointment, or hand THEM the keys. Shop around for a good agent (if it is a flat in a fairly large complex, then the leaseholders may have one they prefer which will often make for a quicker sale. Probate sale is less easy, but you can market the property on behalf of the estate. Once probate is granted you can sell it jointly with your brother as you will jointly own it. Do make sure that the proceeds go into an account that you can manage in your own or father's name.
Get in touch with the bereavement services at the banks for help; this is separate from probate.
Please don't instruct Estate Agents until you know if you are legally entitled to.
I think only the executors can do this.
I have not checked this out.
Obviously if you have already inherited it and all bills etc are dealt with then it is yours.
While you are waiting to see a proper solicitor OP, I would suggest that you contact these people and ask them for a copy of the document that you signed, and a written quote laying out their fees.
I might even be tempted to ring the non emergency number for the police, and tell them what you've done and your concerns. If they are dodgy, they may have them on record, and be in a position to take action, if necessary.
Also, have you actually checked out their new correspondence address? Does it actually exist? Have you looked them up on Google to see if they show up?
You obviously made some mistakes when you first contacted these people, but you can put that down to grief, however you've now begun to surface through the grey mist, you need to take action to try and rectify what may have been a massive mistake, and I would suggest that you take that action NOW!!
Finally, can I ask how long it is since you instructed these people please?
Who was the property left to in the Will? If it was you and your brother then it should be yours to sell, not the executors.
As others have said, do NOT hand over any keys, and seek independent legal advice.
That is not true, Klopqueen. It is entirely up to the executors to deal with the assets in an estate. This is why further up I asked the specific question as to who is named on Probate as the executors. Most wills allow the executors to dispose of assets as they see fit rather than allowing the beneficiaries to decide. Of course, a decent executor will explain the implications of signing over the property to a beneficiary rather than selling it as there are tax implications involved.
Essential to hire a registered and qualified solicitor. This sounds like a scam or just incompetent individuals out to make a killing.
I know its expensive but I always go through a solicitor it gives peace of mind and you know everything is done legally . And any complaints will be dealt with the law society.
I made a new will in 2020 which won't change and took out both lasting powers of attorney my attorneys are my daughter and son in law and my daughter is executor of my will. I have copy of my will and both powers of attorney so does my daughter and son in law and the original will and powers of attorney are with my solicitor. I found it cheaper to do everything at the same time .
Glad you got paper copies you need OP but hope everyone goes through a solicitor for all legal matters expensive like I said but you know its done properly and you have face to face appointments. I don't trust doing any legal matters on line to many scammers.
You can, for a small fee, check whether Probate has been granted. If IHT is owed, that has to be paid first.
This will give you a clue as to where things are up to.
Regretfully it sounds as if these people are at best incompetent and unregulated, at worst scammers and you stand to lose everything if you hand over the keys.
Speak to a STEP solicitor urgently.
I wouldn't trust those people. Sound very dodgy. Go to a proper solicitor, don't over any keys and tell the police of your concerns.
icanhandthemback
That is not true, Klopqueen. It is entirely up to the executors to deal with the assets in an estate. This is why further up I asked the specific question as to who is named on Probate as the executors. Most wills allow the executors to dispose of assets as they see fit rather than allowing the beneficiaries to decide. Of course, a decent executor will explain the implications of signing over the property to a beneficiary rather than selling it as there are tax implications involved.
Yes, but in practice but if no one is capable of clearing the house the executors would instruct the estate agents, who would arrange preparation for sale and charge accordingly. Depending on the house it may be "dressed" for sale or auctioned as an empty property.
The executors give formal instructions at every stage.
If an executor does not feel competent a solicitor is often employed to help, you are going to need a solicitor for the house sale in any case.
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