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Question

in scottish law is the executor liable for any money owed after the disposal of the estate and also is there a time limit on this Read more: http://www.justanswer.com/questions/1dhz2-scottish-law-executor-liable#ixzz0WAIJuXSZ

Submitted: 15 days and 18 hours ago.
Category: Scots Law
Value: $32
Status: CLOSED
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Optional Information

Province/Country relating to question : scotland

Already Tried:
nothing - but am being asked to pay for the discharge of a charging order

13 days and 10 hours ago.

Reply

Relist: No answer yet. My mother house was sold in 1999, she entered a nursing home and money from house used to pay fees for next 2 years until she died. I then wound up the estate during 2002 - and was sole benificiary of what moneys were left. A charge to cover a local authority loan for nursing home fees (between mother entering nursing home and the sale of house)was put on the property but it was registered after the sale had completed. I am now being asked to pay all fees for the discharge of the charging order - even though the estate has been wound up since 2002.

Accepted Answer

Hi there, An Executor is liable for anything done or not in the course of their duties as an Executor. However, if you were represented by a solicitor at that time who assisted in or completed the winding up of the estate then you could rightfully ask why this was not taken into account at the time the estate was wound up before any money was disbursed to beneficiaries. Ultimatley anything that you have to pay in terms of being an Executor is recoverable from the Estate and this means the beneficiaries but at this late stage that would be very difficult. having answered your question please click ACCEPT to allow my time to be credited. Regards K

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Expert: K
Pos. Feedback: 98.8 %
Accepts: 
Answered: 11/10/2009

Solicitor

LLB (Law Degree) and BA(Hons) Business Degree and Diploma in Legal Practice. Partner in own law firm

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