Co executor of a will

patacake58

Hi all.
I along with my sister are co executors of our fathers will.
We have a property to sell but my sister is absolutely refusing to have any communication with me.
Can i just agree as co executor to what she wants to do and let her get on with it without actually being involved in any of the process?

RAS

You could renounce your executorship totally if you wish. Or let her do her own thing but reserve your rights.

Is there likely to be any IHT?

craftdaft

Sorry for your loss.

Have no clue but if it was me I would want to check with a lawyer beforehand and possibly have something in writing. Without prying, I'm assuming there are reasons behind the lack of communication and would want to make sure that nothing could be cast against me in the future!

patacake58

Its a very complicated situation. Dads wife is still alive, been in a home for the past 9 years with severe altzheimers sp?
My dad did a severance of tenancy, so basically half the house is still hers and half to be split between me and my 2 sisters.
I understand that to avoid liability i have to agree to a sale if thats what the other 2 want.
To be honest, morally i cant agree with a sale while my step mum is still alive, my dad would not have wanted us to do it.
She is under the court of protection, her son has just got deputyship awarded to him.

patacake58

RAS wrote: »

You could renounce your executorship totally if you wish. Or let her do her own thing but reserve your rights.

Is there likely to be any IHT?

Sorry, can you expand a bit more on the above?
No inheritance tax no.

GemBlueTopaz1984

What Ras is saying is that no one is obliged to be an executor you can decide not to be. You would still be a beneficiary.

Errata

To be honest, morally i cant agree with a sale while my step mum is still alive, my dad would not have wanted us to do it.

Are you willing to be the live in caretaker for the empty property? To pay all the utility bills for it, to repair any damange and to maintain it?
Or do you want it to stand empty for what might be several years, going to rack and ruin?

Susan_Frost

Did dad explicitly say before he died that he did not want the property to be sold ?

It does seem as though step-mum would never be able to live in it again.

What do step-mums relations feel about it.

Sometimes we have to do what is realistic. What will happen to the house if you dont sell?

Savvy_Sue

If your step-mum's son has Power of Attorney, can you discuss with him what he feels is for the best? Can the 3 of you sit down or has the relationship with your sister broken down?

You need to phone one of the Probate offices or look on their website if you want to renounce your position. I'd give you a link but it seems to be down atm.

RAS

patwinning wrote: »

My dad did a severance of tenancy, so basically half the house is still hers and half to be split between me and my 2 sisters.
I understand that to avoid liability i have to agree to a sale if thats what the other 2 want.

Please can we clarify something.

As I understand your comment above, half the house belongs to your step-mother who is in a nursing home? I assume the LA have a charge on the hosue to reclaim the fees for this?

The other half has been left to you and your 2 sisters, so you are joint beneficiaries.

Is the issue that as a benificiary you refuse to agree the house sale which would release capital to pay your step-mums nursing home fees and to distribute to yourself and your sisters?

Or are you also an executor (you can be both) and refusing to agree some matter that relates to probate?

cte1111

patwinning wrote: »

Can i just agree as co executor to what she wants to do and let her get on with it without actually being involved in any of the process?

Yes you can as long as you are both happy with that.