Executor Nightmare

RAS

What I mean is that she could not just register the house in her son's name.

But the will is quite explicit

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.

By law she has to do what is listed in the will and since the year is up, she needs to produce the proceeds of the sale and all net rents and profits and divide in line with the will.

plumb1_2

RAS wrote: »

What I mean is that she could not just register the house in her son's name.

But the will is quite explicit

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.

By law she has to do what is listed in the will and since the year is up, she needs to produce the proceeds of the sale and all net rents and profits and divide in line with the will.

In her last letter to me last week, she said that she dint get a better offer on the house, ( and i doubt it with them doing any viewing )she was going to accept his offer and sign the deeds over to him. Can she do this?

With accepting his offer, he would only have to find £38k to pay us off our share, is that correct ? As when wouldnt be paying his share and maybe not his mums??
Does he not have to submit his offer to the estate agent, and get a mortgage? As i have spoke to the agents, and asked them their terms 1.5% of the sale price, but no sale no fee.
As i think as she is selling direct to her son, then they have not found the buyer.

How would that affect probate accounts ???

RAS

I think you need to talk to someone at the Land Registry.

You cannot put a caveat on the probate as she has that already.

You may be able to put a restriction on the house but I would go over to the housing forum to ask them.

Yorkshireman99

plumb1 wrote: »

In her last letter to me last week, she said that she dint get a better offer on the house, ( and i doubt it with them doing any viewing )she was going to accept his offer and sign the deeds over to him. Can she do this?

With accepting his offer, he would only have to find £38k to pay us off our share, is that correct ? As when wouldnt be paying his share and maybe not his mums??
Does he not have to submit his offer to the estate agent, and get a mortgage? As i have spoke to the agents, and asked them their terms 1.5% of the sale price, but no sale no fee.
As i think as she is selling direct to her son, then they have not found the buyer.

How would that affect probate accounts ???

The executor is legally liable to act in the best interests of the estate without bias. If the executor disposes of estate property for less than the real value they are liable to reimburse the beneficiaries. I suggest you write by letter, not email, politely pointing out the facts and that she will be personally liable and that she might be prosecuted for fraud. It is time to put sentiment aside and play hard ball.

Marktheshark

You can have her removed as executor with a majority vote of beneficiaries and a simple court hearing.
You need some basic grounds and I would say the depravation of the assets will do for the reason.

plumb1_2

RAS wrote: »

You may be able to put a restriction on the house but I would go over to the housing forum to ask them.

Would i have to go to court to apply the restriction?

plumb1_2

Marktheshark wrote: »

You can have her removed as executor with a majority vote of beneficiaries and a simple court hearing.
You need some basic grounds and I would say the depravation of the assets will do for the reason.

Yes but her daughter is next named as executor and then the said son, if she is removed.
So they have the majority vote.

plumb1_2

Yorkshireman99 wrote: »

The executor is legally liable to act in the best interests of the estate without bias. If the executor disposes of estate property for less than the real value they are liable to reimburse the beneficiaries. I suggest you write by letter, not email, politely pointing out the facts and that she will be personally liable and that she might be prosecuted for fraud. It is time to put sentiment aside and play hard ball.

I dont have any sentiment towards her and her family. The things they have done in the past are shocking.
My brothers solicitor did write to her in early 2015, about being bias and rent should be paid, but received evasive replies.
Ah in the letter last week, she said she wanted to start sending emails to me, as apparently i dont receive the letters she posts. Only the ones she puts through out letterbox when we are out.

Land_Registry

plumb1 - have you checked how the property is registered yet and if so is it in your late Mother's sole name still?

If it is then probate would be required to deal with the property as mentioned by others. The executor then has the authority to deal with the property.

RAS refers to placing a restriction on the title. This does not normally involve going to court, although it can do. The applicant would have to demonstrate that they had an interest in the property that should be protected by way of a restriction. That is not always straightforward in these situations as it is the beneficial interest that you would be looking to protect, namely the % shares you mentioned in your OP.

Your solicitor should be able to advise you on this although I suspect to date any efforts have been focused on the rent/occupation issues and of course how long the executor is taking to deal with the estate.

Having read numerous MSE threads on issues around probate there invariably has to be a cut off point as to how long an executor takes to resolve such things. Forcing their hand though often involves legal action and hence many are reluctant to take that course. Your solicitor should again be able to advise although other MSE posters with experience of this can often help as they have in this thread already.

plumb1_2

Land_Registry_representative wrote: »

plumb1 - have you checked how the property is registered yet and if so is it in your late Mother's sole name still?

If it is then probate would be required to deal with the property as mentioned by others. The executor then has the authority to deal with the property.

RAS refers to placing a restriction on the title. This does not normally involve going to court, although it can do. The applicant would have to demonstrate that they had an interest in the property that should be protected by way of a restriction. That is not always straightforward in these situations as it is the beneficial interest that you would be looking to protect, namely the % shares you mentioned in your OP.

Your solicitor should be able to advise you on this although I suspect to date any efforts have been focused on the rent/occupation issues and of course how long the executor is taking to deal with the estate.

Having read numerous MSE threads on issues around probate there invariably has to be a cut off point as to how long an executor takes to resolve such things. Forcing their hand though often involves legal action and hence many are reluctant to take that course. Your solicitor should again be able to advise although other MSE posters with experience of this can often help as they have in this thread already.

I have just checked and printed off the Title, it is showing that our late Father is the Registered owner and our late Mother. I dont know if Dad ever made a Will, everthings just went to Mum.
I dont know if that makes any difference? Can she apply to have my Fathers name removed ? and just have Mums name on it?

How do apply for a restriction ? and would this restriction just be to protect our share ? or can be to protect loss of rent?

Sorry for so many questions, you have all been very helpful so far.