Executor Issues

Jonners85

Hi there


Just asking on behalf of my Dad.


He and his Sister both each have half ownership of their late Mum's Bungalow. However his Mum arranged for Brother-in-Law to play the part as executor for some reason unbeknown to us.


My Dad's Sister and the Bro-in-Law now live in New Zealand,


We have tried contacting them regarding their choice of Estate Agent, we are unhappy with this, and have tried recommending a change. But every time we have tried, it either goes ignored or questioned what makes you think your choice will be better off for us?


Being that my Dad has half share in this Property by Will, what power of a change of Estate Agent does he have?


Thanks

rpc

If the will leaves ownership of the property to dad and sister, then the BIL has nothing to do with any estate agent. The estate would not be selling the property.

If the will directs that the property be sold and the proceeds split between the beneficiaries, then (absent any wrongdoing) the process of selling it has little to do with the beneficiaries as long as they get their cash.

Either the executor is selling or the owners are. It can't/shouldn't be both.

So what does the will say?

Jonners85

I should also add, whilst their Mum was still alive, she was resident in the House despite, Brother and Sister having a equal share of ownership in the Property.


Myself and my Dad are not happy with the current Estate Agent due to lack of communication, and as I say, every time I email his Sister, the Executor steps in with his argument about how great the Estate Agent is...


Thanks so far.

Jonners85

Regarding the Will, we either have a copy at at worst the Solicitor does.

RAS

Jonners85 wrote: »

I should also add, whilst their Mum was still alive, she was resident in the House despite, Brother and Sister having a equal share of ownership in the Property.

This sounds like brother and sister being the legal owners before Mum died? Or possibly after Dad's death mum being left a life interest but the property passing to the two children?

If brother and sister own the house then they should be selling it and the executor has nothing to do with it.

If the house was still owned by the estate of dad, then it depends what his will said.

Jonners85

Both my Dad and his Sister sound like being the legal owners does sound about correct to me, I will let him know when he gets Home from Work.


They still seem very insistent on how great the current Agent is, if Sister won't withdraw them from selling the Property, can my Dad instruct a second Estate Agent of his choice to sell the Property? Even if his Sister does not like this?


I know it could incur double selling fees.


It is just the current Estate Agent has hundreds of Properties none seem to sell, or very very very slowly at best.


I just don't wish to see my Dad pay Bills on a empty House.


Thanks again.

RAS

Until you actually know what the legal situation is, no-one can advise you.

In whose name is the property currently registered? Find out from the Land Registry and check whether joint tenancy or tenants in common.

What does the will say? if you do not know get a copy from the Probate Office.

Assuming the property is in England or Wales, as Scottish law is different.

Jonners85

My Dad and Sister had the Property signed over to them by their Mum in the mid-late 1990's, however she was living in the House until June 2015


My Dad lives in England.

troubleinparadise

Jonners85 wrote: »

My Dad and Sister had the Property signed over to them by their Mum in the mid-late 1990's, however she was living in the House until June 2015

From what you have written here, it sounds as though your Gran had a variety of "life interest" in the property, but it was already owned by your father and aunt.

Therefore it doesn't form part of the estate, and the decisions about the sale of the house such as estate agents, price, solicitors etc should be made by the two owners, not the executor.

Your father would be wise to spend a small amount of money getting advice from a solicitor on the Will, and what is included and what is not. That way he can have a properly informed conversation with his sister about how to go forward on the property sale. It will cost him less in the long run rather than waiting for the property to sell if it is not being marketed well.

RAS

Jonners85 wrote: »

My Dad lives in England.

Thank you for the rest of the information. This appear to be a gift with reservation. Depending on the value of the estate, that might be relevant to the executor in assessing IHT liability but the owners should be selling not the executor.

The fact that dad lives in England is not particularly relevant, what matters is where the house is?

Kynthia

If the property wasn't owned by the deceased then the executor has nothing to do with it and it's down to the owners to sort out between them. Tge executor only deals with the deceased's estate.