probate and solicitors fees

[teresahe]

I am one of eight sibling.The family home was left to one son he was also executor of the will. Any money left over from the estate was to be divided between us all. The total estate was 379,000 the house was valued at 340,000 which left a small sum of money to be divided between us. Before Christmas a small cheque of 3660.00 was posted to all siblings also an indemnity form to sign to release any action costs ect against the executor. We were annoyed because we received no communication from the executor about costs or how the above sum was reached. Since then we have found out that the Solicitor charged 11,000 thousand and also a small sum of money was retained by him for other expenses. My question do we the other siblings have any come back, should we just shut up and sign the indemnity? Do we have any rights?

 

[sam h]

I'm not too sure if you can do much in this case. It is fairly normal to take solicitor fees out of the estate prior to funds being distributed. As your brother was left the bulk of the estate, it probably would have been nice of him to have covered the solicitor fees...nice, but not obliged. He is also entitled to claim for necessary expenses, but he is not allowed to profit from being executor.

However, as benificiaries, you are entitled to see accounts of the estate and all the paperwork (afaik). If your figures are correct for the value of the estate, the figures seem to be approx correct (but it means he took expenses of almost €2400....which seem high). You could ask him for the accounts, the grant of probate, solicitors invoice, etc. and review them all, but bear in mind it may cause a rift.

 

[Stifster]

is that €11,000 inclusive of VAT? Fees are generally charged as a percentage of the estate and the executor chooses the solicitor, not much you can do, as Sam said the executor has left the rest of you to pay the bill but there is nothing illegal about it.