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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am named as inheriting 4/5 of my deceased uncle's estate. However,

Customer Question

I am named as inheriting 4/5 of my deceased uncle's estate.
However, he named a firm of solicitors as Executors
(namely any 2 partners in the firm). It has been over
a year since he died and I found out that little has
been done to settle his estate - even the undertakers
have not been paid. I contacted the head partner and
she said it was a difficult estate to settle and that
she had no help available (apparently she sold her
practice to another firm recently but retained this case).
I am intimately familiar with my uncle's affairs (I have
copies of all his relevent papers, bank account statements,
investments, bonds etc and have no doubt a competent
person could settle the estate in a few months).
What are my rights and what should my next steps be given
that the solicitor is not responding to my emails?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
have you asked her if she would be willing to renounce her Executorship and allow you to take over?
Clare
Customer: replied 1 year ago.

No I haven't asked her to do that but I suspect she will not. Can an Executor pass on their responsibility to someone else?

Expert:  Clare replied 1 year ago.
Hi
Given that a year has gone by and she appears to have done nothing at all then yes there is a reasonable chance that the Solicitor would agree to Renounce the Executorship.
This would leave a partial intestacy but as one of the nearest surviving relatives you woudl then be able to apply for Letters of Administration with Will attached.
The reason I suspect that she will agree is that technically she is already negligent in having left the matter so long and she could become liable for any loss you or the other beneficiary might suffer as a result of the delay.
I suggest that you make an appointment to see her and politely ask if she will renounce the role
If she will not then you may need to consider making an application to the court to have her replaced
details here
http://www.step.org/tackling-troublesome-executors
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Clare, I really appreciate your excellent advice. I will make an appointment to see her in the UK in the next couple of weeks (I am based in the USA ). If I need to make an application to the court to have her replaced could you act for me in this matter?

Expert:  Clare replied 1 year ago.
Hi
I am afraid that we cannot have contact outside of this forum
However you should be able to find a suitable lawyer using this website
http://www.step.org/online-directory
Clare

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