executor holding things up. Is there a legal time frame?

phoenix7_2

my stepfather died last august and left his house to be divided between 2 of us.
I live a long way away but my brother who is the executor is making all sorts of excuses why the house isn't yet on the market, none of them make any sense.
Is there a legal time limit that the executor has to sort this out.

getmore4less

There is the "executors year" which is a guidline to get things done but not unknown for house sales to take a long time.

There is no reason the house could not have gone on the market the day dad died(with named executor in a will).

IHT means something needs to be done sooner as interest starts at 6 months.

Has he got probate yet?

Look beyond the excuses for the underlying reason for the delay.

Does not know what he is doing
Wants to live there.
Does not want to part with the place.
Thinks it will be worth more if he waits
...


Might it be worth taking a week off going up to help out with the situation, get the place ready have EA round help with anything else, discuss alternatives like buy you out.

G6JNS

phoenix7 wrote: »

my stepfather died last august and left his house to be divided between 2 of us.
I live a long way away but my brother who is the executor is making all sorts of excuses why the house isn't yet on the market, none of them make any sense.
Is there a legal time limit that the executor has to sort this out.

Has he obtained probate? How much is the estate worth? Is any IHT payable. I would gently tell him that he could be personally liable for any losses you suffer.

phoenix7_2

hi, thanks for replies.
yes, probate was granted in December.
no IHT, bungalow only worth around £160,000, no, brother doesn't want it and can't afford it, no reason at all except lack of brain cells & laziness.
I appreciate house sales can take a long time but there will be no sale until it hits the market. Very frustrating. I don't live near and have no transport not that it would make any difference as he is executor so I have no right to interfere.
No sure what losses I would suffer (apart from sanity) and don't know how that holds in law anyway. That's why I'm asking advice. Is there any legal side that I can quote to make him do something?

SeniorSam

If Probate granted in December, the property should have been put on the market unless there is a valid reason why not. Perhaps needing attention before sale? The Executor has a year in which to account for dealing with the estate, so a gentle reminder may be appropriate, but suggest you keep it friendly. He has a legal duty to carry out his duties as an executor and could be in trouble if he does not do so.

He must have obtained a value for the property for Probate, so ask who did the valuation and perhaps you can then check if they have had instructions to sell yet?

konark

Maybe your brother was just waiting for the better weather to put the property on the market, I think putting a house up for sale in December smacks of desperation.
Remind him that he only has 6 months exemption from date of probate for council tax so he really needs to get his skates on.
Is the house empty?, if so you do not need to pay water rates.
Is the house insured? Ordinary insurance won't do it has to be special if the house is left empty.
The 'executors year' is not an exact thing, particularly if property is slow selling, but after a year you can legally start to ask questions as to why the estate hasn't been distributed.

phoenix7_2

thank you both.
The bungalow has been valued and instructions given to estate agent but for reasons only known to him my brother is not sending him the keys. One excuse after the other. The house needs renovating but will be sold as needing renovation so nothing to be done.
sadly my brother does not answer my calls presumably because he knows he is messing around but I cannot understand why as he needs the cash the same as I do.
So do I take it that if he hasn't instructed the estate agent by July which is 1 year when my stepfather died, he is in breach of the executors year and then what can I do about it?

Tuesday_Tenor

We all grieve differently and at different paces. Has the grief of his loss suddenly hit your brother? Was your stepfather his father?

On my own journey as executor following Dad's death I dealt OK with the funeral, negotiating with the church hosting the 'family plot' in a different town, interring boths sets of ashes (Mum died 2 years previously), clearing and selling the house.

But the final step, sorting out the plaque for the churchyard .... That was a different matter, although it was a relatively small task. I procrastinated and procrastinated ... Just couldn't make decisions at all for a while. Something to do with not facing up to the final stage. I was somehow paralysed and just couldn't get on with it ... By that stage it was coming up to the anniversary of the death, which for me was the bleakest time of all.

Bear this in mind when you speak with your brother; perhaps he needs some support and understanding as well as shaking into action.

phoenix7_2

so sorry for your loss but I can assure you my step-brother had no love lost for his father and only contacted him when he needed money.He wasn't at all caring and did nothing for his father to make his life any easier so it definitely isn't grief.