Access to a family home you are executor of

getmore4less

madbadrob wrote: »

Interestingly no one as picked up on the fact that probate as yet as not been granted and therefore to remove anything from the estate would be a breach of law because as yet the will as not been proved to be legitimate.

In the real world it don't work like that.

obligations to preserve the estate start immediately.

In many estates the first thing that needs to happen is make sure the property is insured and move valuables to a save place because the insurance will not cover them in an unocupied home.

Establishing what has and has not been "removed" from the estate is not that easy for removable items where it is imposible to recreate an inventory, allthough there are ways to do some of it.

The real issue here is that the opportunity to make a proper inventory is being hampered by access.

aw0603

hharry - but in doing this couldnt she just cut it off??? PLus the external door is upvc so it would cause damage in doing so which brings back the question about criminal damage, breach of the peace etc. The problem being that because of our employment we cannot be named in any 'criminal' activity and I am sure she is using this to her advamntage :-(

aw0603

madbadrob - yes we believe the cash will have long gone - money taken from our childrens pockets and yet indirectly into her own childrens hands........... :-(

aw0603

the solicitor kind of mentioned that a inventory is not necessary as all chattells had been left to the eldest sister............although he said to us that he advised her not to remove anything although if she did she should make a record. My parents do not have antiques or heirlooms, it is pure personal sentimental items which we would hope we may be given the opportunity to have a few of.........however if she has her way everything will be gone by the time we are allowed in...........I have read lots about wills and executors but nothing covers this case of ridiculous circumstances and have put our faith in solicitors to tell us accurately and fairly the whys and wherefores........... :-(

aw0603

getmore4less - we would definitely be taking lots of photos of the estate - however as we do not currently have access this is impossible :-(

getmore4less

aw0603 wrote: »

the solicitor kind of mentioned that a inventory is not necessary as all chattells had been left to the eldest sister............although he said to us that he advised her not to remove anything although if she did she should make a record. My parents do not have antiques or heirlooms, it is pure personal sentimental items which we would hope we may be given the opportunity to have a few of.........however if she has her way everything will be gone by the time we are allowed in...........I have read lots about wills and executors but nothing covers this case of ridiculous circumstances and have put our faith in solicitors to tell us accurately and fairly the whys and wherefores........... :-(

The problem is even solicitors can only go by what they are told and will try not to get involved unless they get paid.

there are often two issues when families fall out.

sentimental stuff and household goods

Unless HMRC show an interest it is an estimate for the IHT forms and a distribution you have an issue here from a sentimental side if sister is taking the will literaly and keeping/disposing when many families would share.

real assets :

issue here is have any been hidden and/or diverted.

hint: As executors you could(allthough there is no requirement to be thorough) consider the assets over the last 7 years looking for gifts.
if there is a significant missmatch between capital+income and expenses it may show something.


My mother passed away on November 10th following a brief battle with cancer.

Did you have any dealings before this short illness? why were you excluded?

aw0603

hint: As executors you could(allthough there is no requirement to be thorough) consider the assets over the last 7 years looking for gifts.
if there is a significant missmatch between capital+income and expenses it may show something.

Do you mean gifts that we have purchsed that should be in the house????

Our father passed away suddenly on 24.11.11. We all pulled together as a family and was unbelievably tight. My mom regularly came for tea or days out with us, I would cook for her and take food around. I had a special birthday and voiced I was having a small party and was told in no certain terms she would not come. Within days she demanded an item that I was completing in memory of dad and came over with my sisters husband shouting on my doorstep infront of my kids. She also told us she was not scattering dad where he wanted to be but taking him elsewhere (which happened to be our sisters favourite place). My sister and I stuck together and disagreed. I had my party and my sister attended. I did not speak to my mom for months whilst my middle sister persevered and still managed a somewhat estranged relationship. I feel so guilty about this as in hindsight this could have been her illness affecting her. She was diagnosed with cancer early October and at my moms request our eldest sister phoned us. Bear in mind that my middle sister had still been seeing her (in fact only days before) and nothing had been mentioned to her. We later found out they had been under the impression it was cancer some 4 weeks before. We were not allowed to stay with mom at night as we were not needed, nor when she was discharged home as nothing else could be done. Other family members received calls to spend with mom in her last moments but we were not called until the nurses had been called to say she has passed away.

aw0603

I have spoken to another solicitors this morning - they are going to write to the solicitors who our sister instructed..............thankyou

aw0603

We instructed locksmiths and gained entry. Our family home had been emptied :-( even the garden stuff was in one of the living rooms, obviously ready to remove in the next van. Things are terrible between us but my sister and I have nothing but memories or our parents as the eldest sister and taken everything including the few personal childhood items that were still left there. I hope Karma strikes sooner than later :-(

Zoetoes

securityguy wrote: »

She can't sell the house without your agreement. She can't instruct solicitors without your agreement, and the estate can't pay the solicitor without your agreement. You need independent legal advice, now. For a start off, your position as the parent of your children, who are beneficiaries, is in conflict with what's happening in your position as executor.

I just wanted to ask about a couple of points above:

If the will states equal shares of the property and there is disagreement over whether to sell or not, does it not force sale to ensure beneficiaries receive their share? Unless one buys another out?

Also, is it only executors that must agree for any fees etc to be paid from the estate? And not a beneficiary?