estate

[scoopydoo]

My father passed away nearly one year ago and made me executor of his will. Solictor dealt with this and distributed monies to each family member. The government have now contacted me saying further to investigation regarding my fathers estate money has now to be paid back to them. Solicitor says that as I was executor I am responsible if the family refuse to pay back the monies they received. I feel he should not have given it out in the first place until everything had been dealth with.

[itsallyellow]

Did they state why it has to be given back to them?

[dzug]

The solicitor is right.

However you may have some recourse on him for bad advice (if indeed he has given it - it may be that you inadvertently or otherwise gave him wrong information).

If you/the solicitor advertised for creditors you may be able to get out of personal liabiliity but the money is still owed. Whether this applies to the Inland revenue (as I assume it is) I'm not sure though.

[Miss Zippy]

I am guessing that the payment due to be made to the 'government' is unpaid or underpaid taxes? In any event, your solicitor is right that executors are personally liable to ensure that all debts of the deceased are settled before the remaining assets are distributed in accordance with the Will. If, as in your case, it transpires that there is an outstanding debt after all the estate's assets have been distributed, then an executor is personally liable to make this payment from their own pocket and then try to recover it from the beneficiaries. Although by employing a solicitor you have not rid yourself of this personal responsibility, it might well be the case that your solicitor has been negligent in administering your father's estate and you might have a claim against him or her.