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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7071
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My father passed away a year ago and I have been trying to

Customer Question

My father passed away a year ago and I have been trying to get the solicitor who is the executor to sort the will out and eventually she has come back with 'nothing as there are insufficient funds available' in response to my request. Other than disappointment that it has taken a year to come to this conclusion I wish to settle my Father's estate which amounts to a £1,000 after all funeral cost which have already been paid. Is it possible for me to take control of the estate as executor and the current solicitor resign as executor so I can settle my Father's estate?
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.
You can use this route, alternatively, you can simply ask for the details of the debt from the solicitor and pay it.However, you have no obligation to pay this debt. It is a debt of your father's estate, not yours and the creditor will write it off.I hope this helps. If there are any further points please reply and I will be happy to respond.Best wishesMichael
Customer: replied 1 year ago.
My father has a £1000 in the bank which I would like to rtrieve and sort out a headstone inscription. Do I just write and ask current solicitor executor to resign and can they refuse
Expert:  Michael Holly replied 1 year ago.
The solicitors cannot release the money to you.An insolvent estate means that the debts exceed the money in the estate.The executors need to divide the money available as against the debts on a percentage basis so they all get a ratio of the amount the estate owed to them.Best regardsMichael
Customer: replied 1 year ago.
Situation is the Solicitor is refusing to do anything on my Father's estate because they will not get their fee out of the £1000 he has in one bank account. Which all they have to do is write one letter! All I want to do is settle my Dad's account as the solicitor's are refusing to do anything. If I can not take over what happens to the money in the bank? Does this eventually go to the state?
Expert:  Michael Holly replied 1 year ago.
The money will not go to the state , the solicitors are saying their fee alone exceeds that amount . Their fees are a debt of the estate.Michael