Reluctant executor what to do

jimmy_cricket

Yorkshireman99 wrote: »

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.

Thanks Yorkshireman

The work that the solicitor has done so far (review of file and sending the letter) is going to be charged to me. In the initial meeting, I asked whether the cost should be borne by the estate and they said no.

What you say here seems to suggest that the other executor should bear the costs once it is all settled.

If I could get clarity on this it would be helpful as if the other executor were to be liable for all costs, should I 'win' (there are no winners in this) then it might work as useful leaverage.

Yorkshireman99

jimmy_cricket wrote: »

Thanks Yorkshireman

The work that the solicitor has done so far (review of file and sending the letter) is going to be charged to me. In the initial meeting, I asked whether the cost should be borne by the estate and they said no.

What you say here seems to suggest that the other executor should bear the costs once it is all settled.

If I could get clarity on this it would be helpful as if the other executor were to be liable for all costs, should I 'win' (there are no winners in this) then it might work as useful leaverage.

The costs should be borne by the other executor. You should be able to recover your costs from him as well because he has behaved unreasonably.

jimmy_cricket

Yorkshireman99 wrote: »

The costs should be borne by the other executor. You should be able to recover your costs from him as well because he has behaved unreasonably.

Thanks once again. I'll talk to solicitor and see what they say regarding who pays

G_M

This is absurd. It's been going on for months, a year, more.....

Clearly your co-executer is not going to act, either to assist with a sale or with practical help.

You have to cut your losses. If this means paying for certain things yourelf (legal action etc) then do it. You'll inherit less when the property is sold but so what? You'll be shot of the property (which is eating money anyway) and you'll be shot of the stress, the time, and the sibling.

Just get on with it!

jimmy_cricket

G_M wrote: »

This is absurd. It's been going on for months, a year, more.....

Clearly your co-executer is not going to act, either to assist with a sale or with practical help.

You have to cut your losses. If this means paying for certain things yourelf (legal action etc) then do it. You'll inherit less when the property is sold but so what? You'll be shot of the property (which is eating money anyway) and you'll be shot of the stress, the time, and the sibling.

Just get on with it!

Thanks for responding GM, appreciated.

Two years and counting...

Put it in the hands of a solicitor, they wrote to the other executor who has not responded.

Despite the advice I have had from here, the solicitor insists that I as an individual foots the legal bill and not the estate. As there has been no response, the solicitor is advising (as I have also been advised on here) that it needs to be taken through the court. They have quoted a starting figure for this at 7k, rising significantly if the other executor contests it, which they will.

I don't have that kind of money to throw at it, or the strength tbh.

jimmy_cricket

To add, the other executor has done absolutely nothing to aid in this. I have been left to do it all, organising funeral (which I was more than happy to do), ensure house is looked after, as we both live a distance away, deal with all the accounts, apply for probate (they did manage to turn up at the probate office).

xylophone

Have you obtained an independent valuation from a RICS surveyor?

Do this, then tell your sibling that if he wishes to keep the house, he can pay you half the valuation.

If he does not agree, it seems to me that you will need to force a sale - I see no reason why you should not be awarded costs on the grounds of your sibling/co-executor's unreasonable behaviour?

Yorkshireman99

jimmy_cricket wrote: »

Thanks for responding GM, appreciated.

Two years and counting...

Put it in the hands of a solicitor, they wrote to the other executor who has not responded.

Despite the advice I have had from here, the solicitor insists that I as an individual foots the legal bill and not the estate. As there has been no response, the solicitor is advising (as I have also been advised on here) that it needs to be taken through the court. They have quoted a starting figure for this at 7k, rising significantly if the other executor contests it, which they will.

I don't have that kind of money to throw at it, or the strength tbh.

If you made it clear to the solicitor that you were acting as executor in asking for his advice then the estate are liable.

jimmy_cricket

Yorkshireman99 wrote: »

If you made it clear to the solicitor that you were acting as executor in asking for his advice then the estate are liable.

Made it very clear that I was acting as executor working to finalise the estate. TBH, I lost faith in the solicitor after I had to rewrite the draft of the letter twice to iron out inaccuracies, even though I had explained the problem and prepared a file of all documentation for them.

This coupled to them insisting that I needed to pay legal expenses has left me a little unsure as to where to turn for legal advice and I have been considering discussing the matter with a couple of other local solicitors. However, until I have a buyer for the property, it is all rather academic

jimmy_cricket

xylophone wrote: »

Have you obtained an independent valuation from a RICS surveyor?

Do this, then tell your sibling that if he wishes to keep the house, he can pay you half the valuation.

If he does not agree, it seems to me that you will need to force a sale - I see no reason why you should not be awarded costs on the grounds of your sibling/co-executor's unreasonable behaviour?

Yes, I have had my own independent rics valuation done and it is inline with the ea valuation, 20% under sibling's.

The solicitor I engaged categorically stated that I would be responsible for the legal fees. I did challenge them on this, but they were adamant it could not be charged to the estate.