Inherited 1/3 of a house

Asianchick

Hi

I am one of 3 siblings who inherited a property last year.

The will states that the property should go to the kids and the residuary estate to the grandchildren.

Now, not all of us get along and one of the us is under the age of 18.

I would like to know if instead of transferring the property to our names, can the executor sell it in his name and distribute the proceeds to us?

It would save so many problems but the solicitors dealing with the estate say that it cant be done.

Obviously, we would have to find a conveyancing solicitor and pay for other services. We dont expect this to come out of the estate.

Richard_Webster

It will depend on the precise wording of the will but the likely problem is that as one of you is under 18 he/she cannot yet consent to sale if the will stipulates that the house should be held for/transferred to the three of you.

Asianchick

Richard_Webster wrote: »

It will depend on the precise wording of the will but the likely problem is that as one of you is under 18 he/she cannot yet consent to sale if the will stipulates that the house should be held for/transferred to the three of you.

I dont think that's what it is but I will confirm with her.

She's saying that as the house is a specific gift then it is down to us to sell it and not the executor.

bandofbrothers

whem my remaining parent passed away both me and my sister were named as executars.

The house was to sold and divided up as stipulated in my parents will.

ie different shares to us, siblings and grandchildren.

As executar its my duty to deal with the sale and then follow the will and pay out the correct amounts to each person nmed in the will.

My solicitor dealt with the change of names on the land regisrty and probate paperwork.

Asianchick

bandofbrothers wrote: »

whem my remaining parent passed away both me and my sister were named as executars.

The house was to sold and divided up as stipulated in my parents will.

ie different shares to us, siblings and grandchildren.

As executar its my duty to deal with the sale and then follow the will and pay out the correct amounts to each person nmed in the will.

My solicitor dealt with the change of names on the land regisrty and probate paperwork.

Thank you for your response.

The executor is my mum's friend. Basically, the solicitor says because the will doesnt state that the house should be sold and the proceeds distributed to the children, the house has to be transferred into our name and then we can do whatever we want with it.

As the will only says that she leaves the house to us and not what we should do with it, the only thing the executor has to do is ensure the deed is changed to our names.

I dont see why she wont allow the executor to sell it in our name and distribute the proceeds. We'd obviously pay the fees associated with selling. She saying that she wont do this at all.

PasturesNew

What do you see as the difference between her doing it - and you?

DVardysShadow

Asianchick wrote: »

... I dont see why she wont allow the executor to sell it in our name and distribute the proceeds. We'd obviously pay the fees associated with selling. She saying that she wont do this at all.

If you don't see it, I see it all too clearly. You have already indicated that 'it would save so many problems' - ie the beneficiaries are brewing for a fight. If the executor does what it says in the will there is no comeback. But if she sells, she may be the one who catches all the flak from the beneficiaries. She is also personally liable for any losses to the estate, so she is a whole load more vulnerable if she does not do exactly what the will says.

Don't waste your time attempting to get her to drink from your poison chalice.

magpiecottage

Where there's a will there's a squabble!

googler

Asianchick wrote: »

Basically, the solicitor says because the will doesnt state that the house should be sold and the proceeds distributed to the children, the house has to be transferred into our name and then we can do whatever we want with it......

I dont see why she wont allow the executor to sell it in our name and distribute the proceeds. We'd obviously pay the fees associated with selling. She saying that she wont do this at all.

You've got it summed up there. The will says the three of you get the house, divided three ways, not the proceeds of the sale of the house.

The executor is required to execute the terms of the will EXACTLY.

An executor is not given discretion to improvise according to the whims and desires of the beneficiaries......

Asianchick

googler wrote: »

You've got it summed up there. The will says the three of you get the house, divided three ways, not the proceeds of the sale of the house.

The executor is required to execute the terms of the will EXACTLY.

An executor is not given discretion to improvise according to the whims and desires of the beneficiaries......

Okay. I understand. Thanks a lot.

Guess we'll have to learn to get along.

Asianchick

DVardysShadow wrote: »

If you don't see it, I see it all too clearly. You have already indicated that 'it would save so many problems' - ie the beneficiaries are brewing for a fight. If the executor does what it says in the will there is no comeback. But if she sells, she may be the one who catches all the flak from the beneficiaries. She is also personally liable for any losses to the estate, so she is a whole load more vulnerable if she does not do exactly what the will says.

Don't waste your time attempting to get her to drink from your poison chalice.

The beneficiaries arent brewing for a fight and there have been no squabbles about the will. Just that we havent spoken to one of the siblings for a while. Dont think he'll make trouble at all as we all want the house sold. Still coming to terms with the death of a parent and dont want to reopen old wounds.

Not trying to get anyone to drink from a poison chalice. The executor is happy to do it but the solicitor is saying no.