Executor problems

getmore4less

Lay executors cannot charge for their time only out of pocket expences.

I think a shot across the bows of a solicitors letter saying he should renounse as an executor and let you do it as you are the sole benificiary.

Some legal talk about they become legally liable if they make even the smallest of mistakes and will need to produce the funds for the contents of the house etc. might just scare the pants off them.

troubleinparadise

You use the word "residue" which suggests that what you will receive is what is left of the estate after debts and specific legacies have been paid - which might require that the house is sold in order to meet those before you receive what is left.

Having said that, I can't think of any reason why you shouldn't sit down with the executor (as has already been suggested) to work out a way of achieving those payments without selling the house, unless of course you cannot afford to cover them. Whilst it is not conventional, negotiation could achieve both what your brother wanted, what is required legally, what you would like and would actually be less work for the executor ultimately.

You also mentioned that the house has been emptied - were the house contents and personal effects gifted to anyone, or sold to bring in money to the estate which could pay debts? Again, you have the wording in the will which should give directions about the house contents.

Mojisola

chelsea_tractor wrote: »

It is a perculiar will.....Leaves a £1000 for the care of his dog to a friend and the residue of the estate to me. Now I have paid £5,800 to cover the cost of the funeral and a grant that had to be paid before the house can be transferred or sold.

The house is only valued at £60,000 ...so inheritance tax wouldnt apply. All I just keep being told is that "as the executor I have the power and authority to do what I want"

If the executor does put the house up for sale is there any way I can stop it???

As executor, he is legally obliged to administer the will - not make things up as he goes along!

I think you need to spend out a bit more - this time for a solicitor to write to the executor to explain the limit of his authority. The solicitor also needs to tell the executor to return everything he has taken from the house.

Has the house been registered at the Land Registry? If your brother has lived there for some years, it may not be.

nom_de_plume

chelsea_tractor wrote: »

It is a perculiar will.....Leaves a £1000 for the care of his dog to a friend and the residue of the estate to me.

If it is the residue rather than the house, then the executor would likely be acting correctly however, she should also be doing what she can to maximise the value of the estate and transferring the house to you would avoid estate agents fees so may be a more beneficial route. The will can also be changed by a deed of variation to give you the house so long as all parties affected agree to it.

Do you have a mutual acquaintance that could act as a go between if direct communication with the executor is a problem?

claire21

Is there £1000 for the dog in actual money in the estate?

"left another friend a small sum of money" is there actual money in the estate for this?

Mojisola

chelsea_tractor wrote: »

He made his friend the executor and left another friend a small sum of money and I was left the house.

chelsea_tractor wrote: »

Yes I do have a copy of the will....it took 3 weeks to get a copy from the executor and in that time has completely emptied my brothers house and changed the locks. The will states that I have been left everything.

"I was left the house", "The will states that I have been left everything" and "the residue of the estate to me" don't all mean the same thing when it comes to a will.

madbadrob

Having read this through it is clear that the house HAS to be sold after probate is obtained. The OP States he has no liquid assets and that she paid the funeral because of this. Therefore where does the £1000 pound to the friend come from short of selling the house? OP can you pay that £1000? if so there is no reason to sell the house unless other debts come forward

Rob