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inherited house crazy executor

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  • inherited house crazy executor

    Hi all, hope someone can shed light on some issues I would like to understand better. Thanks in advance. Three siblings have inherited a house. Its a modest house, value approx 140k. The executor, my brother, doesn't speak or communicate with anyone in the family. In two and a half years the house has not sold. It has not been reduced in price. There's a shortish freehold issue which has prevented the sale twice. That can be solved for 6k. I have offered to pay for the freehold. In all the time he has been executor there has not been a single communication from him. Despite registered letters and numerous phone calls. The estate agent advised him about the leasehold. The executor said he would purchase the freehold for 6k. He has not done that. We have offered to buy his share for 47k, we have offered to sell our shares at 45k each. He has not even replied. The house has been empty for 2 and a half years. My questions are:

    Does it have to be sold rather than beneficiaries shares sold ie transferred?
    Do I have to pay the whole of the 140k and then get my share back after fees are deducted. Or can I simply pay 2/3rds of the price?
    Are estate agents fees payable if its simply transferred into my name?
    Is there really no other option other than having him removed as executor?
    If it ends in court is he personally liable for costs or does the estate pay?

    I know the estate agent as a result of many phone calls. His advice to the executor I think, would be to take 140k. Do I have to offer that amount to secure a solution. The money is not vital for me, but certainly is for the other sibling.

    I would prefer to avoid the courts but realise that might be the last resort. Or should I offer 140k to get it over with. I don't want the house, its sixty miles away and a poor letting return, about 4%, but it would free up the money for my sister.

    After two and a half years of stalemate I want it all to end. He thrives on conflict and manipulation so is no doubt getting a big kick out of it. He was made executor solely because of his vanity and need to control. My mother thought he would observe the law and carry out the duties despite his hating the world and everyone it it. Save his mother.
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  • #2
    Re: inherited house crazy executor

    Hi Muffin,
    families.... who'd have them?

    What is the exact wording of the will?
    Do you each inherit a third share of the house, or does it have to be sold and you each have a third share of the residuary estate?

    The executor certainly seems to be acting unreasonably in not responding to the requests of the beneficiaries.
    It might concentrate his mind if you apply to the Probate Registry for an order that he exhibits an inventory and account in respect of the administration.

    If that does not work realistically your only option is then to apply for his removal and substitution under Sec 50 of th Administration of Justice Act 1985
    There will of course, as you pointed out be costs against the estate,but to what extent will depend on the court's view of the behaviour of the two parties.
    You might like to read this article about costs in a recent case: http://www.lawskills.co.uk/articles/...g-an-executor/


    Have you yet offered to purchase the property outright for its asking price?
    The executor, as he is being IMO unreasonable, might insist you pay the full price so he can then finalise the accounts (and deduct his costs as executor?).
    Yes, he could agree that you retain a portion of the purchase price against your legacy, but is he likely to be helpful? you know your brother.

    Comment


    • #3
      Re: inherited house crazy executor

      Thanks very much for that, I will apply to probate Registry for an order.

      Thanks

      Again.

      Comment

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