Reluctant executor what to do

Yorkshireman99

Google dealing with difficult executors. There are a number of links there.

Savvy_Sue

jimmy_cricket wrote: »

I will take advice re house clearance when the property has sold.

I would at the very least identify a company NOW, and find out what their lead times are.

You might also consider a phased clearance, especially if the house does not have that 'homes and gardens' clear uncluttered look which helps sell a property.

The company we used was truly excellent, but were fully booked for a month ahead. If you wait until you've sold, you've got an immediate time pressure!

We actually had an offer before the first clearance, but it took a looooong time to progress to exchange. My co-executor and I were comforted by the thought that if the offer fell through, we'd have it back on the market in no time, looking really good.

We then booked the final clearance and postponed it 2 or 3 times, in the hope that we could fully clear after exchange. In the event, we exchanged and completed on the same day, so I was very relieved that I'd instructed full clearance a day or two before that, in hope that it really would go through, finally!

jimmy_cricket

Dear all,

Just a quick update on this. It has been a long hard road emotionally but I have recently been strong enough to deal with my reluctant joint executor.

A formal letter was sent about a month ago, explaining that the estate needed to be settled. One item remaining has been done, but there has been no communication on what the person wants to do with the property. A time limit was set which has now passed.

So, have now contacted a solicitor and waiting for him to get back to me to arrange a meeting. Will feel so much better when this is taken out of my hands.

I know that this is going to be costly, but money is not that important when put against health and wellbeing

Sacredcat

Why not clear the house yoursel? I did this and partner and other relatives offered help (but my unhelpful sibling co-exec was no help). Or use a house clearance company?

Then get an estate agent round, show them the grant of Probabte that gives you authority to put the place up for sale, and let them get on with it?

Sorry for your loss. It is v difficult losing some new you care for.

jimmy_cricket

Sacredcat wrote: »

Why not clear the house yoursel? I did this and partner and other relatives offered help (but my unhelpful sibling co-exec was no help). Or use a house clearance company?

Then get an estate agent round, show them the grant of Probabte that gives you authority to put the place up for sale, and let them get on with it?

Sorry for your loss. It is v difficult losing some new you care for.

Thanks for the advice scardycat.

First point, I will get the house cleared and friends and family have offered to help. However, I live 5 hour drive from the property so want furniture there at the moment for when I stay. Also feel that it will view better with furniture. All personal items have gone, it is just furniture, pots, pans,etc needed for living

Second point, the estate agent is ready to go, but I don't trust the other executor to not put up stupid barriers and so waste people's time. The plan is to get agreement via the solicitor that they are happy to sell and at what price to market it. I want a buffer between me and said person as they are a belligerent bully

Tuesday_Tenor

At the very end of the process, the house sale is going to need the signatures of both executors, who are the people who have the authority to sell the house.

Trying to get the other executor to co-operate via the newly-involved solicitor is probably the next step.

If he doesn't co-operate at all, the solicitor will advise about how to go about getting him removed as executor. As you already jointly have probate this would be a court issue, so best avoided if possible. Ultimately, it may be needed though. Your worst scenario is him scuppering a house sale at the last minute. If this happens you really will have no choice but to seek to remove him as an executor. Otherwise this could drag on for years.

What a difficult situation for you. It makes one wonder why this person actually agreed to be an executor ... They could have renounced, or reserved powers, if they were not going to actively get involved. And then why be so obstructive to one's own interests in getting the inheritance? Sounds like there must be some emotional difficulty to him in losing the house from the family, even if he won't admit it.

jimmy_cricket

Tuesday_Tenor wrote: »

At the very end of the process, the house sale is going to need the signatures of both executors, who are the people who have the authority to sell the house.

Trying to get the other executor to co-operate via the newly-involved solicitor is probably the next step.

If he doesn't co-operate at all, the solicitor will advise about how to go about getting him removed as executor. As you already jointly have probate this would be a court issue, so best avoided if possible. Ultimately, it may be needed though. Your worst scenario is him scuppering a house sale at the last minute. If this happens you really will have no choice but to seek to remove him as an executor. Otherwise this could drag on for years.

What a difficult situation for you. It makes one wonder why this person actually agreed to be an executor ... They could have renounced, or reserved powers, if they were not going to actively get involved. And then why be so obstructive to one's own interests in getting the inheritance? Sounds like there must be some emotional difficulty to him in losing the house from the family, even if he won't admit it.

Thank you Tuesday tenor for your kind words.

I'm going to post separately to ask about solicitor fees so it doesn't get lost in this post.

I'm not sure what the reasoning is here. Before we had the funeral, the other executor wanted to put the house on the market. I offered to buy them out and then they suddenly decided that 'we' should keep it.

This has caused me lots of problems in having to maintain it, look after it and not being able to move on; essentially, it is still my parents house. The other executor complains how much it is costing, but is still unwilling to let me buy them out (other for a ridiculous amount).

So, I have been suggesting for months now that we just dispose of it and they are unwilling to engage with this at all.

My guess, as the other executor wants noting to do with the property, never visits, that this is either about power and control or about greed. Who knows, I just need it finished.

jimmy_cricket

A quick query for you good people.

I have now secured a solicitor and have the initial meeting with them on Friday.

I raised the question of who pays the fees and put to them, as this is an issue of finalising an estate with a reluctant executor, that the he fees should be paid for out of the estate.

The solicitor's view is that I personally must bare the cost of these fees unless the other executor agrees.

How will this work as they are refusing to discharge their duties so are hardly going to pay for a solicitor to force them.

Would I be better off looking for another solicitor?

jimmy_cricket

Further update and further advice if anyone is will to offer any.

So, solicitor has written to the other executor. They have ignored this, as I suspected that they would. So what are my options now to get the estate finalised? This is really causing me a lot of stress and just want it all gone.

The solicitor has suggested that one option is to pass the file to the litigation team. The cost of this will be 5k plus vat if it is not contested. I know that it will be though as the other executor has a track record of fighting things through court. If it is contested, then the sky is the limit.

The solicitor has offered no other options.

Yorkshireman99

jimmy_cricket wrote: »

Further update and further advice if anyone is will to offer any.

So, solicitor has written to the other executor. They have ignored this, as I suspected that they would. So what are my options now to get the estate finalised? This is really causing me a lot of stress and just want it all gone.

The solicitor has suggested that one option is to pass the file to the litigation team. The cost of this will be 5k plus vat if it is not contested. I know that it will be though as the other executor has a track record of fighting things through court. If it is contested, then the sky is the limit.

The solicitor has offered no other options.

Have you asked about a no wi no fee deal? In any case the other executor is personally liable if they fail to carry out their duties. You should not be personally liable. From what you say you have little choice but to sue.