Problems with multiple executors involved in house sale - advice please

b1gdeano

I am hoping for some advice on an issue that is ongoing at the moment.

Six months ago my grandmother passed away leaving behind her home and finances to her four children - leaving each of them as equal executors of the will

My mother and one of her brothers get on with each other but neither get on well with the other two, and it always becomes a case of two vs two on any decisions to be made, essentially causing stalemate on every decision to be made

After months of arguing they finally got the house on the market having argued about the asking price with two saying one thing (overvalued) and the other two taking a more reasoned approach - They settled with a figure that is still overvalued but lower than the one the other two were asking for!

The issue is now that any offer that comes in below the asking price the other two are flat out refusing while my mum and her brother are willing to take it - bear in mind the offer is fair and market value, as the asking price is inflated

What I am asking for is if anyone has any ideas on how to resolve the stalemate, as this isnt going anywhere as nobody is going to come along and offer the asking price as it is overvalued!

The whole affair is making my mother ill, and the stress of the whole affair is getting too much for her. Is there anyway that the issue could be forced legally to ensure a sale at a fair value? As with the two of them adamantly refusing anything but the asking price the whole thing is a waste of time. My mum and her brother just want closure on the whole thing, while the others are dragging it on for a few extra couple of grand each! (literally only about 2k each)

Thank You

pimento

Sell the house at the fair value and the two laid backs give the greedy pair £2k each from the sale value?

b1gdeano

That is exactly what has already been offered - both my mum and her brother agreed to pay the other two the difference, which after fees etc would be approx £1.5k, however they both threw it back in their faces with all sorts of excuses saying it goes against the will in that it should all be split equal etc, and even thrown in that it is illegal to do that!!

The situation is ridiculous beyond relief in that they wont even agree to it when they will get the value that they want! Basically they just disagree out of spite. The house cannot be sold either without a majority decision out of the executors, which wont happen as it always goes two vs two stalemate.

pimento

Can the two laid backs afford to buy the house? Even if they then sell it afterwards?

b1gdeano

Not certain to be honest even though I was considering suggesting that to them

They would likely need to remortgage their existing homes to do so, especially my mum as she is retired

I was hoping that someone knew of any legal way that they can force a sale, or a way of breaking the stalemate?

madbadrob

Technically there isnt. All 4 must agree on what happens and if they dont then you are in a no win situation. One option you have though I suppose is to suggest to them that you will seek advice about having them removed as executors by a court for their being unreasonable. Argue that by being greedy they are stopping the will being executed which is technically a breach of duties. It wont stand up in court but may make them think twice

Rob

Marmaduke123

Would the two unreasonable ones agree to the house being let for a while? That might give time for the rawness of feelings to subside, and also for house prices to catch up with what they expect.

We had a similar situation after my mother died, amd although the reasonable/unreasonable split was 2:1 it didn't help, as we all needed to agree. We did look into the possibility of forcing a sale, but it seemed difficult and would have wrecked family relationships permanently.

I think we let for about a year, then sold at a price acceptable to all.

growler834

Why not point out to them that they are at risk of losing more money than they may gain by digging their heels in. The longer a house is left unoccupied the less desirable it becomes to purchasers as it may become damp, suffer damage from a leak etc, liable to burglary & damage or even squatters. If there is no insurance on the property, any repairs will have to come out of the estate. Also - the council may require council tax to be paid as more councils are cash strapped & are now charging owners of empty properties from this April! They should agree to take the offer & run while the property is still saleable.

Better_Days

Sorry to hear of your troubles OP. Sounds like a nightmare when you just want to get everything sorted out.

Letting might be possible, but would everyone agree on the rent, letting agent, tenant, deposit, what is to be left in the property and what is to be done with the contents? And who would be responsible for repairs and managing the tenancy? Plus are any of the executors familiar with the responsibilities of a LL?

My sister wanted us to let my Dad's flat when he passed away. I refused knowing that it would be me doing all the work and also that it would only prolong things getting sorted out. Luckily my sister did not force the issue.

Marmaduke123

We had an agent manage everything for exactly those reasons. It meant there wasn't much "profit" but the cooling off period worked for us

It was useless trying to use rational arguments in our case, it was matter of emotions rather than reason or greed.