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    • MalTom
    • By MalTom 10th Jan 18, 7:26 PM
    • 3Posts
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    MalTom
    Executor ignoring request for information
    • #1
    • 10th Jan 18, 7:26 PM
    Executor ignoring request for information 10th Jan 18 at 7:26 PM
    My Mum passed away in October, in her will she appointed her 3 children equal shares of her estate and made us all executors and trustees. The brother is insisting on having a survey on her property to ascertain the saleability of the house - built in the early 70's and bought by our parents. Currently rented out.

    The family has, over the last 2-3 years completely broken down resulting in me taking them to the court of protection due to extremely bad decisions being made regarding Mums care and the costs. Unfortunately 3 of us had POA for Health and Finance and my younger siblings played the 2 against one game so I was pushed over on numerous decisions resulting in Mums bank accounts being cleared out.

    Now My brother is ignoring my requests for information regarding the bank accounts - he closed the existing ones and opened others but wont give me the details so I do not know the current status of the accounts. He hasn't as yet informed the tenant that Mum has passed away and wont make an appointment with a solicitor to start probate until I agree to his plan to refurbish the house before selling. I have told him I intend to appoint a solicitor to act on my behalf, but Ive been informed that a solicitor can only deal with all the executors and not just one of three.
    Does anyone have any advice - or has anyone else had a similar problem?
    Last edited by MalTom; 11-01-2018 at 7:47 PM. Reason: Additional text
Page 1
    • Savvy_Sue
    • By Savvy_Sue 12th Jan 18, 12:02 AM
    • 37,968 Posts
    • 34,397 Thanks
    Savvy_Sue
    • #2
    • 12th Jan 18, 12:02 AM
    • #2
    • 12th Jan 18, 12:02 AM
    I have told him I intend to appoint a solicitor to act on my behalf, but Ive been informed that a solicitor can only deal with all the executors and not just one of three.
    Does anyone have any advice - or has anyone else had a similar problem?
    Originally posted by MalTom
    Informed by your brother? I think there are limitations to that.

    Yes, if you want a solicitor to wind up the estate, it's likely they'd only agree to proceed on instructions from all three executors.

    But nothing to stop you consulting a solicitor about how to deal with your fellow executors.
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    • MalTom
    • By MalTom 12th Jan 18, 12:42 AM
    • 3 Posts
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    MalTom
    • #3
    • 12th Jan 18, 12:42 AM
    • #3
    • 12th Jan 18, 12:42 AM
    Thank you for your reply. I am trying to get answers to the questions I have asked my Brother - self appointed chief executor - but the phone number he gave me as contact for the bank was a call centre who are now trying to locate the person by searching their internal records for the name I have been given. He is refusing to apply for probate until I agree to renovate the property before putting it on the market. Currently houses in the area are being sold within 2 weeks of going up for sale - it is a much sought after area with excellent schools and access to motorways etc.
    • Yorkshireman99
    • By Yorkshireman99 12th Jan 18, 3:54 AM
    • 3,522 Posts
    • 2,876 Thanks
    Yorkshireman99
    • #4
    • 12th Jan 18, 3:54 AM
    • #4
    • 12th Jan 18, 3:54 AM
    Thank you for your reply. I am trying to get answers to the questions I have asked my Brother - self appointed chief executor - but the phone number he gave me as contact for the bank was a call centre who are now trying to locate the person by searching their internal records for the name I have been given. He is refusing to apply for probate until I agree to renovate the property before putting it on the market. Currently houses in the area are being sold within 2 weeks of going up for sale - it is a much sought after area with excellent schools and access to motorways etc.
    Originally posted by MalTom
    If property is selling well then there is no loss in waiting. If the house is renovated and then sold the estate will be subject tomCGT on the gain from the value at the date of death. Probably the only way to resolve matters is to ask the court to remove him as executor.
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