incompetant executor failing in duty

phoenix7_2

I need advice please. Is it possible to have an executor dismissed through failure to look after the interests of the beneficiaries?
Basically 4 of us have a share of the estate. One of them is the executor. All proceeds have been divided and it's only the house left to sell.
The house is on the market and has a keen buyer but the agent and also the solicitor cannot get the executor to answer questions etc needed for the sale to complete. Also it appears the executor hasn't insured the empty house although told they had to.
Each day without insurance is a worry that something may happen and the estate will be seriously depleted but still no insurance.
Also, the buyer is getting fed up with waiting and may pull out.
Is there a legal loophole where one of the other beneficiaries can take over and deal with agent/insurance & solicitor?
The executor won't answer calls and won't give any reasons for not sorting things.

G6JNS

phoenix7 wrote: »

I need advice please. Is it possible to have an executor dismissed through failure to look after the interests of the beneficiaries?
Basically 4 of us have a share of the estate. One of them is the executor. All proceeds have been divided and it's only the house left to sell.
The house is on the market and has a keen buyer but the agent and also the solicitor cannot get the executor to answer questions etc needed for the sale to complete. Also it appears the executor hasn't insured the empty house although told they had to.
Each day without insurance is a worry that something may happen and the estate will be seriously depleted but still no insurance.
Also, the buyer is getting fed up with waiting and may pull out.
Is there a legal loophole where one of the other beneficiaries can take over and deal with agent/insurance & solicitor?
The executor won't answer calls and won't give any reasons for not sorting things.

Has the executor got probate?

phoenix7_2

yes, probate was granted a long time ago as the death was about 15 months ago but house only went on market about 6 months ago. All other assets such as they were have been distributed and solicitor dealing with probate & will has signed off so it is simply sale of house that is the issue

G6JNS

phoenix7 wrote: »

yes, probate was granted a long time ago as the death was about 15 months ago but house only went on market about 6 months ago. All other assets such as they were have been distributed and solicitor dealing with probate & will has signed off so it is simply sale of house that is the issue

You can take the executor to court and have him removed but it will not be cheap. Find a solicitor who will give a 1/2 hour free interview and ask what they suggest.

phoenix7_2

hmm! lost enough on this as it is. I wondered if the executor was still executor once it was all sorted (if you see what I mean) and as solicitor has finished with that side of it does that mean executor has as well. Although house is not sold yet it has been allocated to be divided once it is sold and so we have all received what we should have. If you see what I mean.
I shall have to ring a solicitor and ask for advice I think. Unfortunately house is way up country to me so I can't physically go and sort executor out

getmore4less

Anyone with an insurable interest should be able to insure the property.

Can the beneficiaries answer the questions if they are just part of the enquiries.

has the house been assented to the beneficiaries or is it still in the estate

phoenix7_2

getmore4less wrote: »

Anyone with an insurable interest should be able to insure the property.

Can the beneficiaries answer the questions if they are just part of the enquiries.

has the house been assented to the beneficiaries or is it still in the estate

I am not certain if the house has been assented to beneficiaries, would I, as a beneficiary, have to have requested that or would it have been done as a matter of course. How could I find out. Please don't say ask the executor as you have no idea how dim & useless they are and wouldn't even know what I was talking about. Could I ask the solicitor who dealt with the will?
If the house is assented does that give me more rights to intervene
and get insurance and deal with buyers etc?

getmore4less

If there has been a solicitor involved with the collection and distribution why have they signed off if the job is not complete.

Go to them and ask whats going on.

It may be they have given up as well.

A solution may be the other three of you go round to the problem and spend a day sorting things out, getting the things done etc.

Anyone can do the work just needs sigs from those named on the grant when required.


You can insure the house if you want(you have an insurable interest, name all the benificiaries as having an interest), but be carefull of multiple insurances if they have done it claims can be an issue AIUI..

PasturesNew

Is it possible the executor is "hiding" from requests for information etc as they feel overwhelmed and out of their depth?

phoenix7_2

PasturesNew wrote: »

Is it possible the executor is "hiding" from requests for information etc as they feel overwhelmed and out of their depth?

yes, they are totally out of their depth but refusing any outside help so what can you do??