Executors behaving maliciously

coocoo51

Hi I just wonder if anyone has had experience of claiming from executors for maladministration of an estate? My Mother died in August 2013 leaving my brother and sister as executors. Following an incident about a wedding cake (yes really!) of which my brother was the instigator and culprit, I have been a family outcast. When Mum was ill it appeared they, as I was, were prepared to put differences behind us and come together.

However as soon as the funeral was over it was 'business as usual'. My sister spitefully changed the locks on the house so I could not get in, rather than for reasons of security. At first it was suggested that we might keep the house for rental, but when I asked for information about this, I could get no answers. It appeared I had been squeezed out of the investment.

Then I had a letter saying my brother and sister wished to buy the house themselves and buy me out - at a price well below the market value. I objected and sent Estate Agent estimations of price. One told me she had valued the actual property for probate and had telephoned my brother to tell him the value of the property had risen, (possibly as much as £50,000) it was evident from documentation that my brother and sister were knowingly trying to defraud me out of my rightful share of the inheritance. Eventually in October 2014 they appointed a surveyor and I received a letter to say my brother and sister would sell the property to themselves at that slightly increased price.

I heard nothing. In March 2015 I enquired where my money was and stated that I would not be happy for utility costs to be deducted from my share, because the buyers were in situ and the delays caused by my brother and sister were effectively the result of them administering the estate for their own gain.

For eighteen months I have been asking for an inventory of chattels so that I could say whether there were any items I wanted (sentimental - there is nothing of value). Three weeks ago I finally received a list and dates on which I would be expected to collect the items from London ( I live in Norfolk and for reasons I cannot go into am unable to make the round trip in one day). Three of the dates were during the week and one weekend, for all of which I already had commitments. I responded with items that I and my two children would like. My brother has now written to say that some of the items I would like are also wanted by himself and my sister. He proposes to 'draw lots' and then tell me what items I can collect- by May 17th after which he will dispose of the items. Again at this short notice it is not possible for me to either visit or arrange collection.

He is also proposing to retain £10,000 from the sale of the house to cover estate expenses. I know Mum had sufficient money and Premium Bonds to cover all the reasonable expenses for the estate at the time of her death - and if any expenses have been incurred since probate was granted in March 2014, they have been at the personal behest of my brother and sister. It goes without saying that I could have been receiving interest on my legacy for all the time that these delays and opportunities for purchases I would have made at £600 less than the price I will now have to pay have gone. I do not have much money to spend on solicitors bills, and so I am wondering how I might enforce recovery of losses caused by this maladministration.

I know as a beneficiary that I am entitled to see the accounts of the estate, but if I even get them I fear the costs will be unreasonably biased in favour of my brother and sister (who are not professionals). Can anybody offer suggestions, please. (I'm sorry this is so long and convoluted but it is a terrible worry).

Marktheshark

Can you paragraph it, unable to read such a big block of text.

coocoo51

Thanks Mark - Have done.

Gigglepig

This link might be helpful http://www.step.org/tackling-troublesome-executors

If they have had a survey done on house and you did not agreee, people some times pay for another survey and compromise, set the selling price halfways between the two surveys, or something like that.

Re expenses I would ask to see accounts if you are concerned that they may have misunderstood what they can expense.

Since they are family I would try to see what they do in the best possible light. For example, changing the locks might not be malicious. There could be many reasons for changing locks, as executors they might not know who outside the family had been given copies in the past. And from their point of view if the relationship with you is bad and they are as suspicipus of you as you are of them then perhaps they thought it was a sensible precaution.

Personally I would not want to argue with siblings unless it was completely necessary but perhaps that is just me. If expenses are 10 k split between 3 people, then personally I'd gladly pay that amount considering i did not need to be an executor (lots of unpaid time sorting out mess...)

Sounds very reasonable to draw lots for items you all want. I would send him a list of dates you can make asap and ask him to pick one of those. It they are buying the house and the sale is finally going theough it is understandable they want to clear it out as soon as they can.

Also wanted to add - you mention missing out on interest due to the delay but also that the value of the property has risen, so maybe the delay was not all bad?

coocoo51

Mark I thank you for your consideration. I accepted the price the surveyor gave to conclude the matter as quickly as possible - that was 7 months ago. For more than a year I was took a friendly approach, offering help and my overtures not only rebuffed, they were ignored. They knew exactly who did and did not have keys, and no reason whatsoever to be suspicious of me, whereas they have proved themselves, by written evidence to be untrustworthy and biased against me - on the basis of lies that they themselves have concocted.
They have had 18 months to let me know about these items and clear the house, and suddenly it is urgent. There is no way expenses could possibly reach £10,000 unless fraud is involved. It is not a question of avoiding a family rift - I will never see or contact them again when this is over and it will be no loss to be free of their malice.

dancingfairy

Suggestions:
1) google duties of executor etc/problems with executor etc
2) the probate office - they should be able to tell you what an exectutor should/shouldn't do , and as co-executor you may have more power
3) books - go the local library and try looking for books on administering estates/probate etc. I believe the one by Which is good if you can get a copy.

Another option is to go and see a legal professional. At the very least it may be worth getting them to write an initial letter saying that they are not doing what they are meant to be doing/that they are breaking this rule or that rule. I believe (but am not 100% sure) that in some circumstances you can remove an executor but I'm not sure what the circumstances are or how to do it I'm afraid (Again google might be your friend here or the probate office).
I hope you get it sorted.
df

konark

Friend ,they are giving you the runaround. As executors they have a year to distribute the estate, that year is now over and nothing has been resolved.
They have already tried to bilk you out of your share and have now come up with some story about 10 grand in expenses. Besides house insurance and surveyor's report there can't be many expenses, as non-solicitors they aren't allowed to charge for dealing with the estate. You really do need to see accounts of the net value of the estate.

Are you sure they haven't already transferred the house to themselves, if they're the executors it's very easy. Check with Land Registry
Who is living there now,has it lain empty for 18 months?

Get yourself to a solicitor with a copy of the will and tell him the story, he may recommend taking them to court for maladministration.

coocoo51

Thanks, konark. I hadn't thought about the Land Registry option, but would certainly add to the mix if the property was transferred before now.

Beenie

Konark, you have said that 'the executors have a year' to distribute an estate.

I am sure that I have read here several times that there is no actual time limit -it takes as long as it takes. After all, it sometimes takes years to sell a house. When my husband's aunt died, we didn't get our legacy until three years after her death for that very reason. Hopefully someone with legal and probate knowledge will come along to either agree with, or correct, me.

coocoo51

Hi Beenie
There is an 'executors' year' after which interest is payable on a legacy, but I think to avoid liability the executors would have to show that they had attempted sell the property, or at least give a very good reason for not doing so.
In this case there has been no attempt to sell it on the open market and the executors transferred the property into their own names in May 2014...

fredsnail

Time to consult a solicitor then - some will give you an initial free consultation and should give you some guidance.