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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33523
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can an Executor (relative) of a deceased persons Estate,

Resolved Question:

Can an Executor (relative) of a deceased persons Estate, claim for their earnings lost whilst dealing with the estate
Submitted: 7 months ago.
Category: Law
Expert:  Clare replied 7 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

What expenses are actually being claimed?

Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
tel no ***********
Expert:  Clare replied 7 months ago.

Do you understand that a phone call will cost you more?

Customer: replied 7 months ago.
No I didn't realise that, so can we liase by text please
Expert:  Clare replied 7 months ago.

That is fine

What expenses are actually being claimed?

Customer: replied 7 months ago.
My brother and I are the only beneficiaries of my Mother's Estate and I am the sole Executor, after probate and all bills paid after selling the property, I deducted £2505.00 for loss of my earnings whilst dealing with the Estate business, this was over a period of 3.5 years and equated to 167 hours at £15.00 per hour. All business associated with the rental and subsequent selling of the property had to be dealt with in a working week. My brother disputes this claim!
Customer: replied 7 months ago.
My brother says I owe him a further £1252.50, is this correct?
Expert:  Clare replied 7 months ago.

Can you substantiate any specific time you had off?

Customer: replied 7 months ago.
Only by appointments logged in my diary to Estate Agents/Letting Agent, Probate Solicitor and of course the time taken for all the correspondence (copies of all kept) to the Managing Agents of the flat because of the increasing debts mounting as there were NO liquid assets and backwards and forwards to Mum's flat for viewings to sell it and sorting and removing all her belongings.
Customer: replied 7 months ago.
Peverel Managing Agents were relentless with requiring the Service Charge and Ground Rent to be paid even though there were no liquid assets, so because I was having a problem selling the flat I had to let the flat out to try and raise money to pay these increasing debts. My Mother lived in Sheltered Accomodation and there were rules to adhere to as to who could buy the flat. Bournemouth has many of these properties for sale! Hence why the whole business took over 3.5 years to finalise!
Expert:  Clare replied 7 months ago.

How many hours did you actually spend on appointments rather than correspondance?

Customer: replied 7 months ago.
Aprox 20 hours
Customer: replied 7 months ago.
I have a letter from my brother's solicitor to say that I owe this money and they want it in full in 14 days, I said I couldn't pay the full amount because I am retired now and I live on my pension, but if I have to, I would pay £50.00 per month but they said that was NOT acceptable. If I have offered to pay it back can they demand it in full?
Customer: replied 7 months ago.
You have not responded as yet?
Expert:  Clare replied 7 months ago.

My apologies for the delay.

You can only charge for loss of earnings for those occasions when you actually lost earnings - when you had to attend appointments - and then you can only charge what you actually lost in terms of your earnings.

Once you have calculated then you may need to offer to repay some monies to your brother

If you have no capital assets then a monthly payment is all that you can offer.

I hope that this is of assistance - please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33523
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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