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Advice needed re inheritence

2»

Comments

  • G6JNS
    G6JNS Posts: 563 Forumite
    edited 12 May 2015 at 4:38PM
    carly1976 wrote: »
    I should say it stated in the will that the property had to be sold but a family member is living there at the moment and refusing to budge.
    The executors should have dealt with the matter and have had the squatter evicted. They can still do so and force a sale. They will be personally liable for all the losses to the estate. Of course that will cause a big row to say the least. Any of the beneficiaries could take them to court. Why has it taken seven years before anyone takes action?
  • Shelldean
    Shelldean Posts: 2,449 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    G6JNS wrote: »
    The executors should have dealt with the matter and have had the squatter evicted. They can still do so and force a sale. They will be personally liable for all the losses to the estate. Of course that will cause a big row to say the least. Any of the beneficiaries could take them to court. Why has it taken seven years before anyone takes action?

    The squatter is one of two executors.
  • G6JNS
    G6JNS Posts: 563 Forumite
    Shelldean wrote: »
    The squatter is one of two executors.
    It just adds to the evidence against them. It is known as self dealing IIRC. Certainly a clear breach of fiduciary duty has been and continues.
  • rheme
    rheme Posts: 1,018 Forumite
    Part of the Furniture Combo Breaker
    Get legal advice and quickly. The person occupying the house should do so under a lease agreement and be paying a market rent along with all bills. An Executor should act in the interest of all beneficiaries and not themselves.
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    You should probably get legal advice as soon as possible. There may be time frames to take action for certain things - for instance normally if you want to claim money from someone you need to make the claim within 6 years. I don't know how it would work in this situation but there may be time restrictions.
    Also, the longer you leave it, the messier and more expensive it's likely to get.
    The probate office might be able to assist you in dealing with the troublesome executor.
    best of luck
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
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