Executor Nightmare

plumb1_2

First of all, sorry its a long post.

Sadly my mother died in Feb 2014, my sister was named as Executor in the will.
Her son lived at my mothers house, as well as her other 2 sons from time to time over a period of time 30 yrs, as they left my sister family home, for various reasons
My sister also cared for my mother and spent more time with her than myself and brother.
Imo looking at mums will, it just looks like my sister had input.
My sister received all monies, 50% of the house, her son 25% of the house and my brother and myself 12.5% each.

Section4 of the Will states is to be divided into 4 parts and Held Upon Trust to allow the grandson to have use and occupation for a period of UPTO 12 months after her death or sooner id a Purchaser is found, and he shall pay for all taxes and rates and outgoings. And keep the property in good repair.
After her grandson ceasing to reside in the property, i Give all my said interest in the proceeds of sale thereof and all the net rents and profits until sale unto my trustees upon trust to be divided

Our sister only contacted us about the house after the 12 months her son had lived there Jan 2015.I did inform her that the will stated that he could only live there for upto 12 mths, and the house should have been placed on the market after Probate was granted in February 2014
She said that the house was valued at approx £140K to £150k, and that her son wanted to buy it, but it needs a new kitchen and bathroom cost £14K, i estimate the true cost of the works would be approx £6k. She didnt provide us with estimates.
And he was offering us £15.125.00 per 12.5% share, making the sale price £121k. We rejected the offer.
We informed her again that the house should be placed on the market,and inform her son the leave the property, And while son was still living there rent free. No reply

In january 2015 my brother got a solicitor to ask the questions why her son was still living there and why no rent was being charged.
Received a vague reply stating it is a positive benefit to us that the property is occupied, not having to pay unoccupied insurance. Yep its better for him to live there not paying £750 p/m rent
Sadly later in january my brother has a very bad illness leaving him unable to talk and walk, and spent several months in hospital, i was more concerned about him than and monetary value regarding the house sale. So things got left on our part

Forward to October 2015
I arranged to take my brother way on a short break, arranged a nice hotel with disabled facilities etc. He Loved every minute of the trip.
Back home a few days later, checked the internet, she had put the house on the market, never informed us.

January 2016
Received a letter from her , with another offer of £18k from her son, and if we didnt reply withing 24 days she would take the house off the market and sell it to her son.
Which again we rejected, as it on the market for offers over £150k, and still asking her why no rent was being received. And why he was still living there?

08/02/16
Letter received That her son notice that when the house was unoccupied and no heating for several days there were damp issues. There house is a modern 35yrs old and no damp at all. And we should be INDEBTED to him living there Rent Free OMG
Further stating that as there are the major Shareholders WE( them)have agreed that he could live there rent free, Ya not showing any bias to her son again.
And she is accepting her sons offer to buy it at the below market value, and if not acceptable then you know what you can do.

I have wrote back saying it is unacceptable, that she is flauting executor laws etc. It never been about how much we can get, its about her disregarding other beneficiary wishes and not being taken advantage of.
What do i do ??

plumb1_2

All through the 2yrs she have never shown us any documents, been completely biased towards her son, evaded questions. imo disregarded any rules a executor has to proceed by.

Yorkshireman99

You need to get a solicitor and get them to take action against her. Stop letting her bully you.

nom_de_plume

Maybe fire a warning shot across the bows along the lines of:

"In accepting the role of executor, you are legally obliged to deal with the estate in a timely manner. You are also required to maximise the value of the estate. As executor you can become personally liable for any failures in the above.

In the event that you wish to continue with the sale of the property to your son, I propose we resolve this matter by your obtaining 3 separate estate agent valuations, in writing, and accepting the average as being the property's true value and making the distribution accordingly.

Given the time that has already elapsed, I require the valuations to be completed within 1 month and distribution within 2.

Alternatively, please provide evidence the property is being effectively marketed by a bona fide estate agent with instructions to advise best and final offers within 1 month.

Failure to comply will leave me no alternative but to seek paid for legal advice for which I will be seeking recompense from the estate or the executor and through the court system if necessary."

TBagpuss

The other alterniative would be for you to work out what you think your share would be and set that out-

e.g We belive that the hosue is worth not less than £160,000
The 12.5% due to me is therefore £20,000.
In addition, the propety was not marketed follwoing mother's death as it should have been, and you have failed to take reasonable steps to act in the best interests of the estate by marketing and selling the proeprty in a timely way or by obtaining a reasonable, open market rent. We estioamte that rent fot hte poperty would be around £750 pcm. [name] Was entitled to occupy the propertyrent free for up to a maximum of 12 months and should, of course, have been paying rent since the end o that period. We therefroe calculate that the total income it would be reasonable to expect from the property from February 2015 to date would be 12 x £750. 12.5 % of that sum is £1,125 with an on-going liability of £93.73 per month.

If Grandson wishes to buy the property I am willign to sell him my 12.5% share for £20,000 on the basis that he also agrees to pay the arrears of unpaid rent (£1,125) immediately and to continue to pay £93.73 per month until the completion o the transfer. This offer is made on the basis that the transfer is compelted within the next 12 weeks and on the strict understanding that the property should continue to be marketed until contrats are exchanged.

Obviously adjust the figures to refelct what you think the true value is, and include details as non fde plume suggests flagging up the fact that she is in breach of her legal obligations as an executor and will be personally liable for those breaches.

plumb1_2

Thanks TBagpuss, i will draft another letter to her. As i said in my post my brother did send solicitors letters and although she responded, she evade answering the questions, and ignoring the question of her son still living there. And i wasn't to pleased with the solicitors,my brother used, plus they are in another part of the country.
I did read online about getting a Lein put on the property for the rent, but phone a few local solicitors months ago, and they didnt know what i was talking about? so they didn't install conference in me.

Would it be worth contacting the Probate office? about her tactics? The problem also is that her daughter, then son are next in line as executors if she is removed.

RAS

Is the property in Scotland as I think their law refers to leins?

have you checked with the Land registry as to whether the property is still in mum's name. Cost £3.

A charge would only ensure that you were paid the value if the house was sold; it would not prevent son living there rent free and it is costly.

I know you and brother are not physically close but perhaps it would be a good idea if you both sign the letter?

plumb1_2

RAS wrote: »

Is the property in Scotland as I think their law refers to leins?

have you checked with the Land registry as to whether the property is still in mum's name. Cost £3.

A charge would only ensure that you were paid the value if the house was sold; it would not prevent son living there rent free and it is costly.

I know you and brother are not physically close but perhaps it would be a good idea if you both sign the letter?

No we live in England, and brother is physically unable to write but can make a mark.
Good idea about checking with land reg,

plumb1_2

Is she allowed just to sign the deeds of the house to her son without getting our agreement?

RAS

She could register the house in all four names with the respective portions listed. Not sure whether she would need your agreement.

plumb1_2

RAS wrote: »

She could register the house in all four names with the respective portions listed. Not sure whether she would need your agreement.

Thanks for the reply, but i don't quite understand , why would she register it in 4 names? As they are determined imo for her son to have the house.