Executor of unsound mind

grandad-bob

My mother died 2 years ago and left her house rightly to me and 5 siblings, I am the eldest male (57), the will was done without my knowledge and my elder sister and youngest sister were made executors, the house has been empty all the 2 years and they only put it on the market just over a year ago.
The eldest sister (58) has openly said she does not want to sell and would keep it as a shrine because our deceased father would have nowhere to live (I know). The youngest sister (47) has the option to live there (she doesn't) or sell, she throws that at you all the time saying its her house and she could live there, it is priced at £95.000 when in reality with the work that needs doing it should be about £80.000 and has had offers to that from builders, I have said its overpriced and that there are no ghosts and the eldest has stopped speaking to me since April and the other sister has said its her decision as to price.
It took weeks of pestering at the beginning to even get them to go for probate.
Any ideas please?

CaptainAmerica

Executors and administrators of an estate (collectively known as 'personal representatives') have an overriding duty to collect in the estate and administer it correctly under s. 25 Administration of Estates Act 1925.

If a beneficiary believes that an estate is not being properly administered then it is possible for them to apply to the court to substitute or remove the personal representatives.
Applications to remove personal representatives are either made before a grant of probate has been issued or after. Most applications to remove or substitute a personal representative are made under s. 50 Administration of Justice Act 1985 which usually deals with the removal of executors and administrators after the grant of probate.

grandad-bob

would that be expensive though?
we have very little money

Also there is no house insurance on the property, they insist you can't insure an empty house.
They do not keep us informed of anything,the house full of damp thats getting worse over the last 2 years unoccupied.
The 2 sisters never left my mothers side after my fathers death 1998, until all the money he left was frittered away.
My mother has not been laid to rest yet, 2 years on her ashes are at the youngest daughters house, the other sister has my grandmothers ashes from 1998 on her windowsill along with her father in law and numerous animals buried in the garden.
They took it on themselves to say when the house is sold they will have a new grave and have our dad moved into it with mum.

lavalamp

grandad-bob wrote: »

Also there is no house insurance on the property, they insist you can't insure an empty house.

That is not true. You can insure an empty property, although it is difficult to find an insurer and most 'mainstream' insurers won't do it.

heretolearn_2

Contact the probate office for advice - they are usually very helpful. If you need to remove your sisters as Executors, they can guide you through the application, you don't necessarily need a solicitor.

One word of advice though, a lot of what you said was totally irrelevant (ages, birth order, gender, ashes, etc) to anything to do with will, executors, probate. If you start going on about that sort of thing it'll confuse the real issue, which is this, and this only:

There are two executors who are resisting selling the property and distributing the estate. One for sentimental reasons (wishes to keep property as it is as a shrine to deceased) and one for unrealistic expectations of the value of the property.

I think it's well worth your getting three estate agents round to view and value the property now to at least get some hard information on the value. At the moment both you and your sisters seem to be guessing.

CaptainAmerica

You can insure empty properties after someone has died without a problem.

The heating may need to be left on low or water draining down etc depending on time of year but the insurance company will explain these things to you.

Mojisola

grandad-bob wrote: »

Also there is no house insurance on the property, they insist you can't insure an empty house.

That's ridiculous. I've got insurance on my Dad's empty house.

As the executors are legally liable for the house, do they realise that they would have to find the money personally to sort things out if the uninsured house was flooded or in any other way damaged?

madbadrob

If they want to keep the house in the family that is fine but tell them you want you 1/5th share at market value and as such you are having the house valued.

Removing executors is not as easy as you would think and the probate office will not do that for you at all. A solicitor would be required and you would need to prove that they are not administering the estate in the way the will wishes. In reality you would have to show neglect.

Has the ownership of the house changed yet or are your parents still on the deeds? I believe you can only have 4 names on deeds

Rob

John_Pierpoint

Who is paying the Council Tax?
What is your local authority's attitude towards taxing empty property? Many will apply a surcharge to get the property occupied in these times of a shortage of property and a growing population.

troubleinparadise

And the utility bills?

Sadly the two executors don't really sound like they know what they are doing.

Is it possible for the 3 non-executor siblings who are co-beneficiaries to work together to persuade the executors to bring this to a pragmatic conclusion?

CIS

What is your local authority's attitude towards taxing empty property? Many will apply a surcharge to get the property occupied in these times of a shortage of property and a growing population.

The 50% premium for a long term empty property is avoided if the property is furnished,