Co executor of a will

patacake58

RAS wrote: »

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?

I am both the above.
My issues are these.
What if a cure for dementia is found tomorrow?
My dad loved my stepmum dearly and would not have wanted us to take her to court.
The housing market is very unstable at the moment.
I personally would like to wait until step mum passes away.

Nursing fees have already been taken into account. My step mums estate will only be £23,000 no matter what the house fetches or how much she has in the bank.

patacake58

Errata wrote: »

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?

Yes i am doing the above apart from living in the house.

Errata

patwinning wrote: »

I am both the above.
My issues are these.
What if a cure for dementia is found tomorrow?
My dad loved my stepmum dearly and would not have wanted us to take her to court.
The housing market is very unstable at the moment.
I personally would like to wait until step mum passes away.

Nursing fees have already been taken into account. My step mums estate will only be £23,000 no matter what the house fetches or how much she has in the bank.

To answer your first two questions - a cure may be found tomorrow but it's highly unlikely your stepmum would be a candidate for it as she has had dementia for a great many years, and you will not have to take her to court as her attorney must act in her best interests and selling a propety which is standing empty is surely in her best interests when she has no need of it, nor will ever have need of it.

Savvy_Sue

Sounds like it's time to talk to her son, who as Errata says HAS to act in HER best interests.

I know it's hard to do something you know your late father wouldn't have wanted, BUT what you have to remember is that he might not have been in the best place to make a decision when he expressed those wishes. It's not as if you are wanting to change her situation in any way.

patacake58

Just to update you all i have agreed to a sale but passed responsibility to my sister as co executor.
Thanks for all your replies, they have been very helpfull