Access to a family home you are executor of

aw0603

Tuesday Tenor - the solicitor was asked by her to apply for probate as soon as we said that we not stepping out. The solicitor has written and voiced that we are allowed keys and access but she has pointedly refused until 9/10th February when she has removed everything

aw0603

whitewing - mom was leaving with sister in her house somewhere else. All 3 of us cant do it together, as she is refusing to deal with us and she is only one to have a key

securityguy

aw0603 wrote: »

Mojisola - she instructed him and we felt like we had no option than agree as we were told it was that or we would be (cant remember the terms) but a non interested executor where she would be able to make all the decisions................

How so? Either you're executors, or you aren't. There's no "first amongst equals" or "lead executor". And more to the point, you're all jointly and severally liable to the other beneficiaries.

The situation of being executors, but not residual legatees, means that if anything goes wrong, the executors are jointly and severally liable to the beneficiaries, in this case your children. If any of them are stroppy, smart and prepared to risk a family ruckus for the money, then all of the executors are personally responsible for anything that any of the executors have done wrong. One of the beneficiaries (or someone acting for them) merely needs to say that one of the executors appropriated assets that were meant to go to the residual beneficiaries, and the other executors were negligent, and it's all fun for lawyers.

It sounds like you need, as an executor, to get professional legal advice, both to protect your own interests and those of your children.

aw0603

madbadrob - eldest does not live then - she has her own family home

securityguy

aw0603 wrote: »

whitewing - mom was leaving with sister in her house somewhere else. All 3 of us cant do it together, as she is refusing to deal with us and she is only one to have a key

Does the sister who has the key also have children who are residual legatees?

aw0603

valhaller - I can confirm that sister does not live in the property that is part of the estate we wish to have access as our family 'childhood' home

aw0603

securityguy - my children are both minors and their funds will have to be held in trust for 11 and 9 years. I have wondered whether her children (her youngest is 18 in April) will try to purchase the property at a much lower market value. The solicitor asked us what we considered the value to be and he was most surprised that our 'guess' was £40k over hers!!! The estate agent she wants to instruct does not normally market this type of house in this area and it was later dropped out by the solicitor that my sisters husband knew him!!!!!

aw0603

securityguy - the chattells were left to her.................

Mojisola

Take independent legal advice

securityguy wrote: »

How so? Either you're executors, or you aren't. There's no "first amongst equals" or "lead executor". And more to the point, you're all jointly and severally liable to the other beneficiaries.

It sounds like you need, as an executor, to get professional legal advice, both to protect your own interests and those of your children.

aw0603 - what securityguy's written is so important! Unless you have signed away your rights as a executor, you have legal responsibilities as an executor.

If you let your sister act alone while still being an executor, you will still be legally responsible if she doesn't do things correctly.

Re the value of the house - you need to get at least three valuations from different EAs, not one from a friend!

getmore4less

If the solicitor is taking over then all three will need to agree to this on the PA1.

The solicitor probably need to insist on the keys befor progressing because they will be come executor and be liable.

If the sister is trying to become executor on her own then the other 2 still need to agree.

Problem is the siter has the keys and the upper hand unles you forse the situation quickly either through the solicitor or by accessing the property.

What have you agreed and signed so far?