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    • Trebormint
    • By Trebormint 1st Dec 17, 11:59 AM
    • 5Posts
    • 0Thanks
    Trebormint
    Probate
    • #1
    • 1st Dec 17, 11:59 AM
    Probate 1st Dec 17 at 11:59 AM
    Sadly we recently lost my dear Father, and only a few months before my Dear Mother. My father left a will leaving everything to my mother, but as she died before him this now means my brother, sister and I inherit his estate. Unfortunately there are family issues which I doubt will ever be resolved but we do need to sort out his estate.


    None of us are talking saldy, and whilst the will asked for a company called Zedra to act as executors of the will, they have since relequished responsibilities due to the family conflicts.


    Can a resolution be forced, i.e. the house and contents etc be put up for sale regardless if all parties agree.


    I would like to understand our options if at all possible please, as at the moment as I am the only one of the 3 of us in the UK, I am being expected to sort out all of the basics re the house, i.e. checking the house weekly for insurance purposes, checking the post, making sure the heating is on and working etc etc etc. I want my own lide just like my brother and sister, yet they seem to think as I am the only one in the UK I should do it all.


    Can I charge them?


    I just want this sorted and they are doing absolutely nothing and idn't even bother to come to their own Fathers funeral!!


    Any help would be appreciated
Page 1
    • Yorkshireman99
    • By Yorkshireman99 1st Dec 17, 12:06 PM
    • 3,371 Posts
    • 2,734 Thanks
    Yorkshireman99
    • #2
    • 1st Dec 17, 12:06 PM
    • #2
    • 1st Dec 17, 12:06 PM
    Sadly we recently lost my dear Father, and only a few months before my Dear Mother. My father left a will leaving everything to my mother, but as she died before him this now means my brother, sister and I inherit his estate. Unfortunately there are family issues which I doubt will ever be resolved but we do need to sort out his estate.


    None of us are talking saldy, and whilst the will asked for a company called Zedra to act as executors of the will, they have since relequished responsibilities due to the family conflicts.


    Can a resolution be forced, i.e. the house and contents etc be put up for sale regardless if all parties agree.


    I would like to understand our options if at all possible please, as at the moment as I am the only one of the 3 of us in the UK, I am being expected to sort out all of the basics re the house, i.e. checking the house weekly for insurance purposes, checking the post, making sure the heating is on and working etc etc etc. I want my own lide just like my brother and sister, yet they seem to think as I am the only one in the UK I should do it all.


    Can I charge them?


    I just want this sorted and they are doing absolutely nothing and idn't even bother to come to their own Fathers funeral!!


    Any help would be appreciated
    Originally posted by Trebormint
    Who has taken on the job of executor? If it is you then you have the whip hand, You can charge the estate for actual expenses you incur but not for your time. Who are the beneficiaries?
    • Keep pedalling
    • By Keep pedalling 1st Dec 17, 12:07 PM
    • 4,074 Posts
    • 4,436 Thanks
    Keep pedalling
    • #3
    • 1st Dec 17, 12:07 PM
    • #3
    • 1st Dec 17, 12:07 PM
    It sounds like you father did not have any clauses in his will to handle the event that his wife might die first, and if that is the case he died intestate. The house can’t be sold until you have letters of administration, so the 3 of you need to put your differences aside and get this sorted.

    Under the rules of intestacy the estate should be divided equally between you, so if you are arguing the toss over individual assets, then just agree to sell the lot and split the cash equally.
    • Mojisola
    • By Mojisola 1st Dec 17, 12:12 PM
    • 28,637 Posts
    • 72,962 Thanks
    Mojisola
    • #4
    • 1st Dec 17, 12:12 PM
    • #4
    • 1st Dec 17, 12:12 PM
    None of us are talking saldy, and whilst the will asked for a company called Zedra to act as executors of the will, they have since relequished responsibilities due to the family conflicts.

    I would like to understand our options if at all possible please, as at the moment as I am the only one of the 3 of us in the UK, I am being expected to sort out all of the basics re the house, i.e. checking the house weekly for insurance purposes, checking the post, making sure the heating is on and working etc etc etc. I want my own lide just like my brother and sister, yet they seem to think as I am the only one in the UK I should do it all.
    Originally posted by Trebormint
    It's a pity that the company stepped down - when there are family disagreements, it can be very useful to have a professional act as executor.

    Who is the executor/administrator now?

    You can't charge for your own time, only expenses, but you could employ someone else to do the work and pay them from the estate.

    It might focus the others' attention when they realise that their inheritance is being reduced the longer the dispute goes on.
    • Keep pedalling
    • By Keep pedalling 1st Dec 17, 12:24 PM
    • 4,074 Posts
    • 4,436 Thanks
    Keep pedalling
    • #5
    • 1st Dec 17, 12:24 PM
    • #5
    • 1st Dec 17, 12:24 PM
    It's a pity that the company stepped down - when there are family disagreements, it can be very useful to have a professional act as executor.

    Who is the executor/administrator now?

    You can't charge for your own time, only expenses, but you could employ someone else to do the work and pay them from the estate.

    It might focus the others' attention when they realise that their inheritance is being reduced the longer the dispute goes on.
    Originally posted by Mojisola
    Although Zedra are not solicitors, so they were probably looking for earning a nice fat fee for little work. If they were the company that drew up the will then they should not be touched with a very long barge pole.
    • Linton
    • By Linton 1st Dec 17, 2:43 PM
    • 8,622 Posts
    • 8,592 Thanks
    Linton
    • #6
    • 1st Dec 17, 2:43 PM
    • #6
    • 1st Dec 17, 2:43 PM
    The key point is that an executor or administrator must be appointed. Without this the house cannot be sold. If your father's will did not appoint another executor the courts will do so. The executor then has complete authority to meet the terms of the will (or the rules of intestacy if the will did not cover the event of your mother dying first). The beneficiaries have no say in the matter - except for asking to have the executor sacked.

    I suggest you seek legal advice.

    As regards checking the house, when I was an executor the Estate Agent agreed to do that for a small charge. But of course you need to have someone with the authority to sell the house.
    • badmemory
    • By badmemory 1st Dec 17, 3:06 PM
    • 1,054 Posts
    • 1,114 Thanks
    badmemory
    • #7
    • 1st Dec 17, 3:06 PM
    • #7
    • 1st Dec 17, 3:06 PM
    I would be incliined to keep it all in writing, even if only email. Remind them that every time you have to check the house (weekly) then it will cost the estate 45p a mile (HMRC rates). If they are capable of googling they can check that.

    Maybe remind them that it is in their (financial) interests to co-operate in order to keep all costs down & that if you need to seek a solicitors advice it may well come out of the estate.

    Sometimes (I'm not saying this is the case with your siblings) appealing to a persons greed is what gets them to co-operate. Sometimes unfortunately they just want to be bloody-minded about it.
    • Margot123
    • By Margot123 1st Dec 17, 4:01 PM
    • 297 Posts
    • 263 Thanks
    Margot123
    • #8
    • 1st Dec 17, 4:01 PM
    • #8
    • 1st Dec 17, 4:01 PM
    I am in a similar situation with regard to family conflicts after a death.

    It is alright strangers tell you to 'put your differences aside' and that they will soon have a reality check when their inheritance is dwindling. In reality, we know that just doesn't happen as most will let one person sort everything, blanks the one that's doing it all, paying in the interim, spending hours keeping the property secure etc. They will just sit back and wait for any money that comes their way!

    As has already been said, you cannot charge for your time but always claim for the incidentals from the estate, make a note of every penny your spend...a stamp here, a can of air freshener there, miles in the car, parking, all mounts up.
    • Trebormint
    • By Trebormint 4th Dec 17, 10:15 AM
    • 5 Posts
    • 0 Thanks
    Trebormint
    • #9
    • 4th Dec 17, 10:15 AM
    • #9
    • 4th Dec 17, 10:15 AM
    No one is acting as the executor at present. How is this resolved. I am happy to do this but will charge for all of my expenses as has been pointed out on here, as I do agree this will hopefully focus their attentions a little more.
    • Trebormint
    • By Trebormint 4th Dec 17, 10:18 AM
    • 5 Posts
    • 0 Thanks
    Trebormint
    Hi, there isn't an executor at present, and I don't know how to resolve this. I am happy to try and do this but as pointed out will charge for all of my expenses to help 'focus' their minds.
    • getmore4less
    • By getmore4less 4th Dec 17, 10:38 AM
    • 30,785 Posts
    • 18,392 Thanks
    getmore4less
    I would like to understand our options if at all possible please, as at the moment as I am the only one of the 3 of us in the UK, I am being expected to sort out all of the basics re the house, i.e. checking the house weekly for insurance purposes, checking the post, making sure the heating is on and working etc etc etc. I want my own lide just like my brother and sister, yet they seem to think as I am the only one in the UK I should do it all.
    I suspect your best option is to get them to agree you deal with it.

    if named executors have renounced then you(all of you) will be next in line

    You apply for the grant with them saying they don't want to be on the grant.

    Then you can get on with it and involve them as little or as much as you like.

    once you have the grant you can sell the house.

    you could start the process before the grant but as you were not a named executor might be best to wait before going life.


    As they don't want to be involved they may just stay out of it if you make it clear that if they try butt in they will have to come to the UK and get involved properly they either do their bit or not no 1/2 way.


    Was your mothers estate administered?
    • TonyMMM
    • By TonyMMM 4th Dec 17, 10:45 AM
    • 2,519 Posts
    • 2,700 Thanks
    TonyMMM
    Hi, there isn't an executor at present, and I don't know how to resolve this. I am happy to try and do this but as pointed out will charge for all of my expenses to help 'focus' their minds.
    Originally posted by Trebormint
    So long as you keep proper records so that you can detail how any expenses are reasonably incurred in administering the estate, then that would be completely normal and you should be OK.
    • Margot123
    • By Margot123 4th Dec 17, 11:05 AM
    • 297 Posts
    • 263 Thanks
    Margot123
    So long as you keep proper records so that you can detail how any expenses are reasonably incurred in administering the estate, then that would be completely normal and you should be OK.
    Originally posted by TonyMMM
    Remember that you alone have to bear the expenses from your own pocket until Probate is granted, and then it can take many weeks after that before cash funds are available from the estate.

    As an example, from the date of my Father's death to actually having funds available to reimburse my expenses was nearly 5 months. I had to pay out over £1.5k of my own money just on bills for the property, security (alarm to be fixed), solicitor's advice, application fees, travel etc. I have several siblings all in this country who haven't offered one bit of practical help let alone financial assistance.

    It is a difficult task being an executor, those who say it's a 'walk in the park' are not being honest.
    • Trebormint
    • By Trebormint 4th Dec 17, 11:50 AM
    • 5 Posts
    • 0 Thanks
    Trebormint
    How do I apply for a 'grant' as stated, I really don't know where to start
    • Trebormint
    • By Trebormint 4th Dec 17, 11:52 AM
    • 5 Posts
    • 0 Thanks
    Trebormint
    Basically I am willing to get things moving and become the executor of the will, but not sure how I go about this process.


    If anyone can provide step by step simple terms advise I would really appreciate it


    Thanks.
    • getmore4less
    • By getmore4less 4th Dec 17, 11:54 AM
    • 30,785 Posts
    • 18,392 Thanks
    getmore4less
    start here
    https://www.gov.uk/wills-probate-inheritance
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