Mortgage remaining how long will bank give me to decide.

cclem345 wrote: »

I have the house insured I paid it myself.

My aunt hasn't told the bank anything. I went to the bank for advice regarding it just general and they basically said you have to sell the house.

However when I proposed that to her her attitude was if your paying them they can't force you to sell it.

It's a head melt that is going to come to an explosive end.

I wonder how you insured the house? To do so you need an insurance interest. Your aunt is just being impossibly stupid. I can only repeat my advice. Also on no account make any more payments.

OP, I think you need to be much, much clearer and more assertive with your aunt here. No offence intended, but less !!!!!footing about here, it's your money that's at risk. As executor your aunt has a duty to distribute your mothers estate as per your mothers instructions in the will, after making sure she has paid off any debts and funeral expenses. In this case, it clearly means selling the property and handing over the proceeds to yourself. She is running the risk of significantly reducing your inheritance, albeit probably unintentionally, and it has already cost you two entirely unnecessary mortgage payments. You aunt is not allowed to rent out the house. What she wants re your mothers home is not relevant, it is not her house and she is not the beneficiary. But she is letting her personal views and feelings get in the way of meeting her legal obligations as executor.

At the very least I would certainly be doing what Yorkshireman has suggested, write to her. Spell out what she needs to do, and let her know this is what you expect. Google "duties of executors UK" to help you with some clear wording if needed. Yes, it might disrupt your relationship with your aunt for a while but she cannot keep putting up these obstacles which stop you getting what your mother has left to you in her will. You need to put the brakes on this before she has any tenancy agreements signed/tenants move in and this gets into seriously muddy waters. Another option to consider is getting on a plane pronto and going with your aunt into a probate solicitors office (who has no previous involvement) so her duties can be explained properly to her by a qualified third party. Only you know which is more likely to work, but you do need to act to protect your legitimate interests.

cclem345 wrote: »

We put unnocupied house insurance on the house. Wasn't a problem. They seem to deal with situations like that frequently.

Yes it seems they are. I won't be making anymore payments and I am seeking further advice from another solicitor as I believe the current one is telling me what my aunt wants me to believe.

Good - no more mortgage payments.

Has your solicitor seen a copy of the will? You could get them to write on your behalf. Another option.

cclem345 wrote: »

Thanks for your post. I am going to write to the solicitor tomorrow.

See what's going on. To be fair it's doing my head in. Yes, I can imagine, this all sounds immensely stressful to me - not what you really want when you have recently lost your Mum.

I did say to my aunt if there's a way I can keep the house legally and rent it out I would do so. However we have exhausted all avenues. That's clear - you've done your very best and the way forwards now is clear. And it was probably important to try - nothing wrong with that.

It's a shame it's going to come to this. What I don't understand is why the solicitor is rolling with it and not saying that what she intends isn't possible. Not all members of the legal profession are on top of the game, although most are, and it does to some extent depend on whether your aunt is being advised by someone who specialises in probate.There are circumstances where renting would have been possible e.g no mortgage - in this case it would require the consent of the mortgage lender and I think you've said, in effect, in a previous post you've already asked and they advised that the property needed to be sold.
I want clarity as I believe the house is going to be rented in a matter of weeks. Good idea. Some certainty will reduce your stress and then you can get on with your life.

Good luck, OP. Hope it's all plain sailing going forwards.

Can I just clarify - your aunt is the executor of your mother's will,and you are the sole beneficiary of your mother's estate, which includes a house?

I can't understand why your aunt is planning on renting out your mother's house? Is this so that it isn't sold, to keep it as a sentimental memento of your mother, or to exert control over you?

I appreciate you are trying not to upset your aunt, but she is not doing you any favours here. You are forking out mortgage payments and insurance for a house that needs to be sold, unless you can afford to clear the mortgage.

So basically you have to keep paying to keep your aunt happy? Whilst your aunt is your senior in your family and you are playing compliant niece, she isn't doing her job as executor correctly, and isn't trying to do the right thing by you.

As has been said, you need to call time on this charade and get things sorted out.