Reluctant executor what to do

jimmy_cricket

Hello,

I posted in the housing thread about the house that has been left as part of the estate and the issue of stamp duty new rules. I am now seeking advice from the good people on here about how to deal with a reluctant executor so that the estate can be finalised.

Background is that last parent passed away 18 months ago. Myself and sibling are named as both the beneficiaries and executors of the estate.

All has been left to me to do in terms of sorting out the estate and organising funeral.

Probate has been granted (sibling did come to probate office to get this - the only thing they have done).

There is a long history of sibling being awkward. For example, I have arranged for all moneys held in accounts to be transferred to a joint executor account. I organised and payed for the funeral, taking the money back from the joint executor account when enough has been gathered into joint account.

I have kept sibling informed by ensuring there are receipts for everything and have detailed all incomings and outgoing in a spreadsheet which has been sent to sibling every time it has been updated.

I have been accused of taking money (the money I was owed from paying for funeral). Sibling has been helping themselves to money from joint account.

There are now two issues outstanding. Money in one account will not be released to me solely and needs sibling to either visit a branch or to complete forms. As sibling refused to visit branch I arranged collection of these forms and sent to sibling who is ignoring the request.

The second issue is that the house needs to be dealt with. Sibling will not discuss, does not want it but will not let me buy them out or put it on the market.

If anyone could advise how I can go about getting these final two issues resolved so that the estate can be finalised it would be very much appreciated.

JC

Yorkshireman99

jimmy_cricket wrote: »

Hello,

I posted in the housing thread about the house that has been left as part of the estate and the issue of stamp duty new rules. I am now seeking advice from the good people on here about how to deal with a reluctant executor so that the estate can be finalised.

Background is that last parent passed away 18 months ago. Myself and sibling are named as both the beneficiaries and executors of the estate.

All has been left to me to do in terms of sorting out the estate and organising funeral.

Probate has been granted (sibling did come to probate office to get this - the only thing they have done).

There is a long history of sibling being awkward. For example, I have arranged for all moneys held in accounts to be transferred to a joint executor account. I organised and payed for the funeral, taking the money back from the joint executor account when enough has been gathered into joint account.

I have kept sibling informed by ensuring there are receipts for everything and have detailed all incomings and outgoing in a spreadsheet which has been sent to sibling every time it has been updated.

I have been accused of taking money (the money I was owed from paying for funeral). Sibling has been helping themselves to money from joint account.

There are now two issues outstanding. Money in one account will not be released to me solely and needs sibling to either visit a branch or to complete forms. As sibling refused to visit branch I arranged collection of these forms and sent to sibling who is ignoring the request.

The second issue is that the house needs to be dealt with. Sibling will not discuss, does not want it but will not let me buy them out or put it on the market.

If anyone could advise how I can go about getting these final two issues resolved so that the estate can be finalised it would be very much appreciated.

JC

Time to play hard ball as the Americans say. Write a firm but polite letter to sibling stating that if they will not cooperate within 14 days you will commence proceedings to have them removed as co-executor and that the cost of this will come out of their share of the estate proceeds. Also that their unauthorized withdrawal of money will also be deducted. Only do this if you are prepared to actually instruct a solicitor to take the action.

jimmy_cricket

Thanks yorkhireman99. I guessed that this would be the advice offered. I'm reluctant to do this as sibling is a bully and know it will get nasty (even more so).

guess I'll just have to to this though if it is to be resolved.

jimmy_cricket

A further point, if I am do go all hardball, it will be me that has to, yet again, organise the sale, empty the house, etc. I live a fair distance from the property and so have to travel and take time of work - I'm already doing this to ensure the property is maintained and looked after. It will be a further onerous responsibility. Gien this, would it seem reasonable to charge sibling for my time?

Mojisola

jimmy_cricket wrote: »

Gien this, would it seem reasonable to charge sibling for my time?

You can't charge for your time. You are allowed to get back all expenses - travel, hotel, phone calls, etc.

Savvy_Sue

jimmy_cricket wrote: »

A further point, if I am do go all hardball, it will be me that has to, yet again, organise the sale, empty the house, etc. I live a fair distance from the property and so have to travel and take time of work - I'm already doing this to ensure the property is maintained and looked after. It will be a further onerous responsibility. Gien this, would it seem reasonable to charge sibling for my time?

Use a house clearance service. It saved our sanity. You can deduct their charges from the sale of the house. If you need one near Reading, I can thoroughly recommend one ...

FreeBear

jimmy_cricket wrote: »

I'm reluctant to do this as sibling is a bully and know it will get nasty (even more so).

I have a similar issue (bully, not a reluctant executor). When he showed up shouting and screaming after a funeral, a call was made to the police. They paid us a visit and took statements, but no charges were pressed. Now that the incident is on file, they have assured us that an arrest is very likely if he ever shows up again.

If your sibling does turn nasty and make threats, do not hesitate to inform the police.

jimmy_cricket

Many thanks for the replies.

Mojisola, thanks, was thinking that if I intimated that I would charge it might focus the mind.

Savie Sue, thanks but the other end of the country. Someone today suggested a house sale, rather like a garage sale in America but they also said that second hand furniture is difficult to get rid of

Freebear, thanks, luckily, even though he is a big bloke, I don't think he would resort to physical violence, it is more on the lines of intimidation and agressive posturing, trying to bully to get his way. It sounded like an awful situation you had, especially after the funeral, I do feel for you and can't understand why someone would behave in that way at such a difficult time.

theoretica

How about pointing out to the sibling the cost of keeping the house as is - insurance, council tax, heating so the pipes don't freeze, maybe even a commercial agency checking on it as you cannot continue to do so. This will eat into your other inheritance, and what is their plan for the property?

Mojisola

jimmy_cricket wrote: »

Mojisola, thanks, was thinking that if I intimated that I would charge it might focus the mind.

As there sounds every chance that this will go legal, keep the moral high ground.

jimmy_cricket

Thanks both,

Yes sibling does realise the cost and is currently moaning about this, but does not seem to be willing to come to the conclusion that something needs to be done to conclude the estate.

And yes to date have been trying to keep to the moral high ground but patience is now wearing thin, especially as sibling has not lifted a finger to help sort things out.