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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother died 4 years ago and left her half of the house to

Resolved Question:

My mother died 4 years ago and left her half of the house to my brother and I. The executors (solicitors) dealing with this made themselves trustees for the half as my step father was still living in the house. My first question is do you have to have trustees in these situations?
My step father died earlier this year and the same solicitors are executors. His half of the house has been left to his 3 children. We have requested a breakdown of costs so far but have been informed we are not their clients and they will inform us when they are ready.
We have decided to sell the house, chose the estate agents and requested that we deal with the estate agents to save on costs and because we wanted to do so (we grew up in the house and so are attached to it). The solicitors had to instruct them and have also instructed them not to communicate with us at all. When we questioned this, they just reiterate that they are not working for us.
Is this normal practice?
I guess they must have a legal right to so this, but is
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youI am afraid that in fact the solicitors are correct.They did have to Register them selves as Trustees; and they are not working for you - they are working for the two estates - and given the potential for conflicts between two separate families they do have to be careful in their dealings with the two sets of beneficiaries.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
But do they have to do that (there is no conflict between the families)? What is already a stressful situation has become even more distressing for me by their actions. Surely the estate agents could deal with the solicitors and inform us of viewings and offers etc.I don't have any legal knowledge, but if the house has been left to us, surely we should have some involvement?Could we have had the house put in our names and then sold using a different solicitor?
Expert:  Clare replied 1 year ago.
Would the beneficiaries on the other side agree to that?
Customer: replied 1 year ago.
Had we realised what the solicitors were like, we would all have agreed to that the beginning. It is not something we want to do now though I don't think.
Expert:  Clare replied 1 year ago.
Then no I am afraid that this is not possible.In addition hard though it is beneficiaries do NOT have any involvement with the conduct of the estate.
Customer: replied 1 year ago.
Wow - seems wrong somehow! But a valuable lesson I have learnt is never name a solicitor as an executor of a will!
Expert:  Clare replied 1 year ago.
I never recommend it - and I am one!
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your help