Executor refusing reasonable offers

Land_Registry

If the property is in England & Wales and also registered then you can check online here - you need to register to use the service and pay a £3 fee to check the register but both only happens IF information is available.

From what you have posted to date I suspect it will be registered in the name of your late parents as there is no legal obligation to change the register although it is always recommended.

If the property is not to be sold or transferred to the beneficiaries reasonably quickly then the Personal Representative can sometimes register themselves but in their capacity as PR.

However if nothing is done the Probate is still the key document which when viewed alongside the register enables the PR to then sell/transfer the property as and when appropriate.

Mojisola

Worried840 wrote: »

My parents died a few years ago and after nearly 4 years their house was put on the market. It has now been on the market for just over a year and there has been little interest.

The problem is that one of the executors (there are 2) is refusing offers that are reasonable and in line with other houses in the area, with a house a few doors away recently being sold.

It shows how important it is to chose your executors carefully. This sister isn't following what her parents wanted and is failing in her duties as an executor and is threatening her siblings.

Worried is now going to have to spend out on legal advice, letters, etc, in order to force her sister to comply with her duties. What a nightmare!

Pennypinchman

Just wondering if an other offer came in can the other executor accept against the wishes of the disruptive executor? Or would both executors have to both agree?

rpc

It depends on the terms of the will, but usually both must agree. The will can stipulate whatever the testator wants, though.

Gingernutty

The links here from the co-op might give some ideas about how to word any letter you write to the executors.

The executors, not the beneficiaries are liable for the decisions made in the handling of the estate.

If this is made crystal clear to both executors and the other beneficiaries, then you may be able to rally the other beneficiaries and support the other executor.

You should not be paying any bills, it's up to the executors.

The house has been empty for the last 4 - 5 years, that's got to attract the attention of the local council. Stop trying to maintain the property, that too is the responsibility of the executors.

The executor who wants to keep the house and who is refusing to sell, has got to find the money to buy the house at market value and distribute the monies to all the beneficiaries. Or sell for the best value possible.

Any bills or debts can only be deducted from the two executors' shares. The other beneficiaries who are not executors should not and cannot be penalised for the decisions of the executors.

The other executor has got to man up and take on this obsessive and the beneficiaries back him up.

Why can't you all meet up?

John_Pierpoint

Another good reason for a buyer to reduce their offer for a long empty house:
https://forums.moneysavingexpert.com/discussion/4645547

Worried840

I know it sounds like the other executor is not doing anything but he is being frozen out by the other executor and our other 2 siblings and honestly the way he has been treated is disgusting. The house has been lying empty for 6 months now as there was someone in it up until the end of last year.

Can I ask if it is law that beneficiaries dont pay anything? As i know that when I say this I will be told to prove it. There is no way that the unreasonable executor will deduct the house costs from her money alone!

Worried840

Sorry meant to answer the last question. Due to all the fighting there is no way we could meet up as it would end in a fight as it has done previously. As well as that we dont live near to each other.

ValHaller

Worried840 wrote: »

.... Can I ask if it is law that beneficiaries dont pay anything? As i know that when I say this I will be told to prove it. There is no way that the unreasonable executor will deduct the house costs from her money alone!

It is the other way about - there is no law that the beneficiaries must pay to the estate. So the executor has the job of proving that there is a law that you must.

But there is law to say that the executor must pay for losses to the estate due to their maladministration. I would tell her to do her own research on her responsibilities and if she wasn't prepared to take her responsibilities that seriously she should stand down.

edsjad

Worried840 wrote: »

I know it sounds like the other executor is not doing anything but he is being frozen out by the other executor and our other 2 siblings and honestly the way he has been treated is disgusting.

I'm new to all this stuff too but from what I've read that other exec is also liable for the costs involved in not selling the house, isn't s/he?
How about talking through the rules and liabilities of executing with the 'frozen out' executor with some of the perspectives gained from experienced contributors on this forum. However he is being treated - good or bad - (in my humble opinion) he needs to start taking charge, as someone else has said. His job should be over by now - so the longer this goes on, the more stressed he is going to get.

There needs to be a way to separate the (bad) feeling from the very practical job at hand which is to ensure that the will is executed. (anyone please correct me if i've said anything wrong).

I feel frustrated for you.