Three Executors and small estate

SeniorSam

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Sam

g6jns_2

hundredk wrote: »

The trustee (A) had the property title transferred to them and agreed to hold the property in trust. That is what they signed. A has held in trust for 8 years whilst mum was alive. A wishes for correct administration of the will which appears to require the value of the property to be declared on the probate form and accounts. A has no problem in doing this but does not have the know how to find out. Does collection of a nominal rent have to be documented? - if so could 8 years rent be collected from the estate?

OP is trying to get a grip on the situation and protect A's interests from an overbearing B. If probate is forced I'm hoping that it is actually better as if forces B to be more transparent with what is in the estate or be removed as executor.

Are you saying that A has transferred the Land Registry entry to his own name rather than that of the trust? Having re- read the thread it maks me wonder what other skeletons might be in the cupboard. If the three executors are also the equal beneficiaries then the rent seems irrelevant. Having said that the person responsible for the mess should pay all the costs of unscrambling it. It seems to me that another solicitor should be consulted as to how this can be done.

hundredk

g6jns wrote: »

Are you saying that A has transferred the Land Registry entry to his own name rather than that of the trust? Having re- read the thread it maks me wonder what other skeletons might be in the cupboard. If the three executors are also the equal beneficiaries then the rent seems irrelevant. Having said that the person responsible for the mess should pay all the costs of unscrambling it. It seems to me that another solicitor should be consulted as to how this can be done.

Yes the land registry title was transferred from M&D to A. There is a condition on the land registry that refers to the trust. The trust states A holds the property in trust for A, B and C in equal shares as tenants in common.

Apart from B being troublesome (which is where the problems started) I'm not sure what mess there would be if the estate was administered as mum intended?

g6jns_2

The estate has to be dealt with according to law. That may, or may not, be what your mother intended. By that I mean if the will omitted certain assets the executors have no discretion but to follow the will, or, in some circumstances the laws of intestacy. Without seeing the will nobody on here can tell you more. From what you have said there may have been irregularities dealing with the property so it may not have been put into trust correctly. Given the doubt about how the whole thing has been handled the only prudent course for the executors is to get professional help in tying everything up correctly. Also remember that there may be other relevant factors that posters on this thread have no been told about. The bottom line is get help NOW as I think you have exhausted the resources of this forum after two months discussion.

hundredk

g6jns wrote: »

The estate has to be dealt with according to law. That may, or may not, be what your mother intended. By that I mean if the will omitted certain assets the executors have no discretion but to follow the will, or, in some circumstances the laws of intestacy. Without seeing the will nobody on here can tell you more. From what you have said there may have been irregularities dealing with the property so it may not have been put into trust correctly. Given the doubt about how the whole thing has been handled the only prudent course for the executors is to get professional help in tying everything up correctly. Also remember that there may be other relevant factors that posters on this thread have no been told about. The bottom line is get help NOW as I think you have exhausted the resources of this forum after two months discussion.

The will pre dated the trust and included caveats for A and B to reside in the house. The trust was set up later to provide for the same. I think B may have thought the trust also removed the asset from mum if the need for care home arose (he mentioned the 7 year rule but obviously missed the part about reservation of benefit). Thankfully this didn't happen. B was initially doing all he could to avoid solicitors and probate but the last few posts about the trust and probate have really made the difference for me as there is clear reference that probate is required and going through the process should hopefully force the other issues.