Is the executor of my mother's will acting fairly?

My mother passed away nearly 3 years ago and her will has still not been tied up. Her estate is to be split equally between her two children, myself and my brother, who is acting as the executor.
My mother was in a care home for a number of years and that bill has still not been settled (which runs into tens of thousands of pounds) and this accrues interest on a daily basis. The interest accrued has now amounts to just short of £5000.
The estate consists of my mother's house only. The proceeds of which will pay the care bill, leaving a moderate sum to split between my brother and I.
The house has not yet been sold. My brother says he is going to buy it but I have no proof of this.
I am still waiting to receive a copy of the final accounts and despite asking on numerous occasions I do not get any joy, no accounts and no update on house purchase progress etc.
Where do I stand on this? Am I entitled to be kept informed or for things to have been dealt with in a more timely manner? especially considering the interest that is accruing on the care bill.

Any advice welcome!


  • pollypenny
    pollypenny Posts: 29,389
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    I would not be happy at this delay. However, I'm sure someone will be able to offer you informed advice.

    Sounds like you need to consult a solicitor .
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

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  • chesky
    chesky Posts: 1,341
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    Try this or alternatively just google adviceguide and go into the relationships and family section :
  • chesky
    chesky Posts: 1,341
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    PS I'd definitely get a solicitor onto it - one who specialises in wills.
  • monkeyspanner
    monkeyspanner Posts: 2,124 Forumite
    This is not acceptable but sorting it out will more than likely cause a family argument. Has probate been granted?
  • agrinnall
    agrinnall Posts: 23,344
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    Seems pretty dubious that you brother is both the executor and is going to buy the house himself.
  • John_Pierpoint
    John_Pierpoint Posts: 8,390
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    edited 29 May 2013 at 3:05PM
    Oh dear, why do you think you were not both named as executors?
    You can check with the probate court to see if probate has been granted.
    Who is paying the council tax on the house and with what?
    As from last April our local council has been charging 150% council tax on empty homes.
    Presumably the house has a legal charge on it to "guarantee" the care home costs ? (it costs a pound or four to check up on-line.)
    Roughly where in the country is the house? In other words is it going up down or sideways in value ? You might be racking up a Capital Gains Tax bill and I would think you might have problems at this late junction claiming the debt against the gain.
    You get 2 years in which to claim a death valuation equal to the sale price.
    When are the squatters going to break in?
    Or has someone let it out to tenants?
    Are there special circumstances that give the property "hope value".
    Presumably HMRC just want the sort of return that claims it is an "excepted estate" for the purposes of InHeritance Tax ? Normally that return is expected within 6 months of death, even if the figures are guestimates pending accurate figures.
    What was the month of death ? Has anyone claimed for overpaid Income Tax?
    (That has a time limit too)

    Most estates are thought to give the executor an "executor's year" in which to do what the will instructs.

    Jaw Jaw is better than War War but you have to decide if your brother is simply incompetent and needs your help, or venal.

    I suppose that if push really comes to shove, you could decide on a valuation for the house and put in a formal offer to buy out your brother's half of the property. A trustee has to accept the highest realistic offer.
  • rrtt
    rrtt Posts: 227
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    Oh dear, nothing splits families like money and inheritance issues ...

    Do/did you get on with your brother in 'normal' circumstances before your Mother died? Did you talk with each other much then? Have you talked recently, are you able to do so now? Do you live near each other and could you get together?

    Bereavement affects different people in different ways, he may well still be grieving deeply and just unable to get a grip.

    If it's driven too deep a wedge between the 2 of you already to sort out between you, is there another family member who you both get on with who might act as a kind of intermediary to help you resolve things?

    For sure you need a solicitor and legal advice, but they can deepen this sort of rift if you only go down the legal route. I'd suggest trying to encourage/foster/heal the relationship between you and your brother at least alongside, if not before making legal enquiries.
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