possible estate mismanagement

[dirk56]

2 years ago my father died and in his will appointed my sister as the trustee of his estate. His house was to be sold and the proceeds divided after all bills etc between the 3 remaining children namely myself, my sister and my brother. There was also provision for a pecuniary legacy to grandchildren from the sale of the house. My sister has since allowed her daughter, partner and children to live in the house as they apparently cannot afford to rent privately. I would therefore assume that this is not in the best interests of the estate. As far as I am aware the house is still up for sale. Does anyone know if this is legal.

[Sapphire]

Re: possible estate mismanagement

Hi and welcome to the site, I'm not too sure about the legalities of this, but as far as I know you would all have to agree to the property being rented out, I take it you are getting rent for it ? I think you need to also make sure that all bills are being paid by the tenants, plus I'd go as far as to demand the details of the Estate Agent its up for sale with, then you can contact the Estate Agent and make sure that viewings are being done and check if there's been any offers.
I'm sure one of my more informed friends on here will pop along with more for you.

[dirk56]

Re: possible estate mismanagement

many thanks for a prompt reply, I have written to my sister (she lives 270 miles away) asking for details of any rent, council tax payments etc but I suspect that the are living there scot free. I did not agree to them moving in but apparently my brother stated that he was not bothered. I will contact the estate agent as suggested.

[bluebottle]

Re: possible estate mismanagement

I would suggest that before you go contacting the estate agent you speak to a legal professional specialising in Probate Law.

[Craig S]

Re: possible estate mismanagement

Tricky one - sounds like legally they have no right to live there, but situation complicated by fact that it seems person living there is also the executor. Certainly will be difficult to sell without vacant possession. You may need to apply to the court first to get her removed as executor, but take legal advice first.

[Inca]

Re: possible estate mismanagement

[QUOTE=Craig S;287597]Tricky one - sounds like legally they have no right to live there, but situation complicated by fact that it seems person living there is also the executor. Certainly will be difficult to sell without vacant possession. You may need to apply to the court first to get her removed as executor, but take legal advice first. If you want to speak to a solicitor on this.

It's not complicated because the TRUSTEE does not live there,,the TRUSTEE has allowed her daughter to occupy the house.TAKE BLUEBOTTLES ADVICE AND GET A LEGAL PROFESSIONAL IN PROBATE LAW TO GIVE YOU ADVICE.

[dirk56]

Re: possible estate mismanagement

Many thanks to everyone. I will take bluebottles advice and get professional advice.