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.
As far as I am aware the running costs would come out of the proceeds from selling the house rather than out of any executors own pocket. Unless perhaps there was proven incompetence.
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.
So a tenant has been paying the council tax for the last few years?
One of my siblings lived in the house rent free for a few years and paid all the bills. Its only in the past 6/7 months the house has been lying completely empty.
We have tried so many times to talk about the practicalities but there is so much bad feeling that it always ends in a fight. With one executor on a power trip thinking she knows it all it makes it impossible to have a discussion. She doesnt believe she is doing anything wrong and unfortunately my other 2 sisters back her up, leaving myself and my brother very frustrated that no-one is listening.
It sounds like you need someone legally knowledgeable and able to lay down the law. Some solicitors offer a mediation service although how agreeable the other beneficiaries would be to that prospect is questionable.
As far as the executor should be concerned, the will is 'the law' and must be adhered to.
The power tripping executor is being negligent in her duties by ignoring the will and failing to administer the estate to the benefit of all the beneficiaries equally.
Of course, you and the other executor know that but getting the others to
a) realise that and
b) do something about it
is your current headache.
Even with proper legal advice which everyone will pay attention to, you still have your work cut out for you.
Some solicitors do a free half hour for people with limited means. Would that be any use to you and the other executor?
:huh: Don't know what I'm doing, but doing it anyway... :huh:
A friend suggested going to see a lawyer to see if there was any way forward and I think I will do this because there is really nothing left to do. Such a mess and my poor parents would be devastated to think all this was happening.
Still no further forward however we have an offer on the house and our final answer will be given today. Fingers crossed its accepted!! If not I will be going to a lawyer to see what can be done.
Replies
So a tenant has been paying the council tax for the last few years?
Who got to share the rent?
We have tried so many times to talk about the practicalities but there is so much bad feeling that it always ends in a fight. With one executor on a power trip thinking she knows it all it makes it impossible to have a discussion. She doesnt believe she is doing anything wrong and unfortunately my other 2 sisters back her up, leaving myself and my brother very frustrated that no-one is listening.
As far as the executor should be concerned, the will is 'the law' and must be adhered to.
The power tripping executor is being negligent in her duties by ignoring the will and failing to administer the estate to the benefit of all the beneficiaries equally.
Of course, you and the other executor know that but getting the others to
a) realise that and
b) do something about it
is your current headache.
Even with proper legal advice which everyone will pay attention to, you still have your work cut out for you.
Some solicitors do a free half hour for people with limited means. Would that be any use to you and the other executor?
Try to sumarise be factual and as consice as possible
then try this forum
http://boards.fool.co.uk/legal-issues-practical-51110.aspx