Lady in distress.....inherited house 50/50

princeofpounds

Not very trusting? haha no but you could conclude contracts with the entity in advance and, depending on how bright your brother was, even put yourself on the board to ensure transfer happens (it's just that companies need 2 so that's why I mention the friend). He wouldn't know unless he looked the company up at companys house if you did it correctly (or you could even go offshore to make it harder!). It's not the most practical option so I wouldn't pay too much attention

I was however assuming that you had already inherited as joint owners. If there is a separate executor and probate has not yet been granted then talk to the executor, they may well sort everything out for you.

mybrainhurts

The executor's basic obligation is to sell everything and hand out the proceeds. Even if the will says "i leave my house" that usually means "i leave the proceeds of sale of my house" And it doesn't matter who he is - he's got to either act, or renounce the executorship in which case you need to apply to the court to appoint someone else. So get on to the executor asap and ask him if he has got probate and if not why not.

RAS

mybrainhurts wrote: »

The executor's basic obligation is to sell everything and hand out the proceeds. Even if the will says "i leave my house" that usually means "i leave the proceeds of sale of my house" And it doesn't matter who he is - he's got to either act, or renounce the executorship in which case you need to apply to the court to appoint someone else. So get on to the executor asap and ask him if he has got probate and if not why not.

This is wrong.

If the will instructs the executor that an item or part of an item is to be given to a beneficary, then it is the executors responsibility to give that item to the beneficiary, NOT to sell it.

If all the beneficiaries want to sell, then they can do so by amending the will within 2 years, or selling after probate is granted.

Clare11

mybrainhurts wrote: »

The executor's basic obligation is to sell everything and hand out the proceeds. Even if the will says "i leave my house" that usually means "i leave the proceeds of sale of my house" And it doesn't matter who he is - he's got to either act, or renounce the executorship in which case you need to apply to the court to appoint someone else. So get on to the executor asap and ask him if he has got probate and if not why not.

Probate is sorted.Its just the house that remains

Clare11

princeofpounds wrote: »

Not very trusting? haha no but you could conclude contracts with the entity in advance and, depending on how bright your brother was, even put yourself on the board to ensure transfer happens (it's just that companies need 2 so that's why I mention the friend). He wouldn't know unless he looked the company up at companys house if you did it correctly (or you could even go offshore to make it harder!). It's not the most practical option so I wouldn't pay too much attention

I was however assuming that you had already inherited as joint owners. If there is a separate executor and probate has not yet been granted then talk to the executor, they may well sort everything out for you.

I didn't think any man could be so devious to think up such an idea........smiles. I always thought the woman was the more devious .....smiles

mybrainhurts

RAS wrote: »

This is wrong.

If the will instructs the executor that an item or part of an item is to be given to a beneficary, then it is the executors responsibility to give that item to the beneficiary, NOT to sell it.

If all the beneficiaries want to sell, then they can do so by amending the will within 2 years, or selling after probate is granted.

I think it's right, and I'm a solicitor. That said, I've never practised probate law and it's based on a recollection of law school 20 years ago. It would probably pay to get some proper legal advice.

edgex

Make sure that you bill him for half of all the ongoing costs of the property, ie. council tax, ground rent, insurance, maintenance, getting someone to mow the lawn etc.

is there any work needed, like window repairs, insulation etc?
if so, get a quote & tell him the work needs doing, & that he has to pay half.


once the bills start coming in, & with no income from the property, it will put some pressure on him to actually do something.