Estate Executor Not Cooperating

ben9090

Trying to keep it brief.

My mother in law died last August with no will and my wife, sister and brother were appointed executors. There are 5 siblings in total, my wife and sister are the only ones that stayed in the same town and dealt with the entire mother in laws affairs for the last 10+ years. Their brother lives overseas but insisted on being an executor.

There shouldn’t be any major issues or complications but their brother has refused to cooperate so far. He hasn’t signed a single thing in a year preventing any progress whatsoever being made.

Now, just short of a year we’ve received a letter from the solicitor stating that he will sign but only if my mother in laws property is left to him absolutely, saying it was her wish. This is surely blackmail pure and simple.

Can anyone advise how to move forward? Is there anyway he can be removed for not co-operating? The estate is now receiving debt collection agency letters for utility bills that can’t be paid as he won’t sign the forms to close her bank accounts.

Nobody else in the family has any issues whatsoever just him and all acknowledge that because she died with no will everything would be split evenly between the siblings.

Any advice would be greatly received as its causing a lot of upset in the family purely over one persons selfishness and greed.

We’re meeting the solicitor later in the week but the solicitor doesn’t seem to be in any rush to get this resolved so I wanted an idea of the options before we see him. We’re in no desperate rush but we don’t want to be in the same position in ten years time all over his refusal to cooperate!

Thanks

LisaLou1982

Has probate been granted?

If not then can you put him as a reserve? That would make sense since he is abroad. That way he doesnt need to sign anything.

If probate has been granted then it is more difficult. You can apply for an executor to be removed. Take a look here http://www.fridaysmove.com/removing-executor-%E2%80%93-probate-advice/16168

HTH

kingfisherblue

How can he insist that MIL's property is left entirely to him? Surely the Will states what should happen to the property?

downsizer3

If you read the post - there's no will.
Got to speak to the solicitor - if he won't take the initative - go to him, arrange a meeting with the UK based siblings and try and get the brother abroad removed. He's certainly got no right to the house - only 20% of it ( after bills etc).

ben9090

Probate has been granted which is why we're stuck.

She died with no will so rule of intestate should apply and everything get split equally between all her children. However nothing can be done as he is refusing to sign anything whatsoever.
He's now said he will sign but only if the house is signed over to him by a deed of variation which obviously nobody will agree to such a ridiculous request. (this is all by the solicitor dealing with the estate as he no longer speaks to ANY family!!)

It appears to be blatant blackmail motivate by pure greed but he has refused to cooperate with anything in the last year and I presume will continue until something is done.

End of the day nobody has any issues or conflicts it's all just him.

skypie123_2

Downsizer how easy would it be to have the brother removed as executor?

ben9090

Sorry downsizer missed your post typing it in on phone. We were desperate to try and avoid going down the legal route to avoid wasting money on legal fees for something that should be so simple.
Might be the only way though.
Thanks for everyone's advice.

rpc

How could you get probate granted with no will? There is no will to prove and letters of administration should have been granted instead.

The solicitor should know better, but I think that this will have to end in court if the estranged brother does not change his view. He is not carrying out his duties as legally required to, but there is no recourse without going to court.

You could also call the probate office for advice.

I strongly suspect he had this planned when he insisted on being executor/administrator and he has played you all.

Is IHT due? After a year (the executor's year), the taxman gets twitchy. As a guide, rather than a rule, you can all be liable for losses due to a delay in distribution beyond this point unless a delay can be reasonably justified.

troubleinparadise

If there's a house to sell, that should cover the legal fees.

No, it shouldn't have come to this, but it has. The siblings unfortunately will just have to accept that their share will be reduced by a share of that legal bill, but if it gets sorted out at least they will be able to put the matter behind them.

Sadly the BIL will probably have destroyed his family relationship for ever through greed, and a lack of understanding of the law.

LannieDuck

At the moment it sounds as if your options are:

a) get none of the house (have it all signed over to brother)
b) get your share of the house minus any legal fees

I know which I'd do.

ben9090

It will fall under the inheritance tax threshold but is still quite a substantial estate.

It's a shame because everyone else in the family understands that once things go formal the only winner is the solicitors.

As someone said the fact that he hasnt spoken to anyone in a year shows where his priorities lie. His mother would be turning in her grave.

Looks like we need to find a good solicitor and just grit our teeth when the bills start rolling in.