Access to a family home you are executor of

Zoetoes

aw0603 wrote: »

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 :-(

How sad, at least memories can't be taken.

madbadrob

Zoetoes wrote: »

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?

I would say a sale is indeed the only way to make that possible unless one buys the other out of course.

Yes only executors can agree fees that will come from the estate. Beneficiaries have no powers to do this as they are just that only beneficiaries.

Rob

aw0603

Do all executors have to agree paying of the fees or is it a majority decision?

madbadrob

aw0603 wrote: »

Do all executors have to agree paying of the fees or is it a majority decision?

Depends how the will is written. Some are written where each executor can act alone some with a majority decision and others where all must agree

Rob

aw0603

we were all joint except for the eldest was left all personal possessions

Fire_Fox

Sounds like she abused her position as executor, that should be dealt with legally because it is a serious matter.

aw0603

and so the saga continues...............my eldest sisters solicitors has now wrote to the solicitors that I and my other sister are using and refusing to allow any of our costs/legal fees to be paid from the estate. She has accused us of holding things up and taking money for the grandchildrens inheritance.

I need some advice...........are all executors entitled to access to the family home seeing as they are all equal? are all executors entitled to instruct solicitors? can they stop of expenses being paid by the estate? Our solicitor is asking if want to go to court..................

getmore4less

aw0603 wrote: »

and so the saga continues...............my eldest sisters solicitors has now wrote to the solicitors that I and my other sister are using and refusing to allow any of our costs/legal fees to be paid from the estate. She has accused us of holding things up and taking money for the grandchildrens inheritance.

I need some advice...........are all executors entitled to access to the family home seeing as they are all equal? are all executors entitled to instruct solicitors? can they stop of expenses being paid by the estate? Our solicitor is asking if want to go to court..................

Your solicitor should be answering these questions.

Get as second opinion if not happy with the advice.

jbworldwide

aw0603 wrote: »

and so the saga continues...............my eldest sisters solicitors has now wrote to the solicitors that I and my other sister are using and refusing to allow any of our costs/legal fees to be paid from the estate. She has accused us of holding things up and taking money for the grandchildrens inheritance.

I need some advice...........are all executors entitled to access to the family home seeing as they are all equal? are all executors entitled to instruct solicitors? can they stop of expenses being paid by the estate? Our solicitor is asking if want to go to court..................

she can accuse all she likes, the simple repost to this letter from the solicitor is to say the same, that you and your sister refuse to pay costs of that solicitor from the estate. Although probably inflammatory, it might just get the elder sister to realise that being stubborn is going to cost her as well.