Executor Nightmare

Land_Registry

plumb1 - as Dad died before Mum the legal ownership will have passed to her and hence the need for probate re her estate. If they held it as tenants in common this could have impacted on her and could still impact on any executor. I assume there is no existing restriction on the title?

Whilst you can update the register re both Mum and Dad's death the important issue is the probate and how the executor is managing her estate. As others have posted the executor has certain responsibilities to administer the estate in accordance with the will and the wishes of any beneficiaries but that is quite separate from the registered legal title.

As such it is very much legal advice you need around probate law and how estates should be dealt with.

Probate law will normally cover the executor's role and responsibilities and what happens if they do not follow these. The beneficiaries are protected in that way.

If, and this is rare, the powers of the executor is limited by the terms of the will or a deed of family arrangement, they may be under a duty to apply for a restriction in form C - see Practice Guide 19 section 7.3 for the wording

A restriction would not protect against the loss of rent so any issues around that would be tied up within how the estate should/could have been administered and any action you may take against the executor

I really must urge you to take legal advice though still as most of the issues you face are I believe tied up with probate law and how the executor deals with the deceased's estate.

plumb1_2

The house is register is in dads and mums names, does she need our permission to change the name on it

I have phoned 2 solicitors to day, asking about wills both only deal in making wills, how do you find one that specialises in Executor / probate \Law

plumb1_2

After she insisted that i gave her my email before she would send any estate agent valuation.
I received pdf copies from her son,
The valuations are dated July 2015, 18 months after our mother died. And believe the house on got put on the market in last 2 days of September 2015, 20 months after.

And also she states now she wishes to sell the house asap, below market value, Gets me thinking where a rush ? after she has delayed it so far? But also says wants me to agree the sale and timing??

Yorkshireman99

plumb1 wrote: »

After she insisted that i gave her my email before she would send any estate agent valuation.
I received pdf copies from her son,
The valuations are dated July 2015, 18 months after our mother died. And believe the house on got put on the market in last 2 days of September 2015, 20 months after.

And also she states now she wishes to sell the house asap, below market value, Gets me thinking where a rush ? after she has delayed it so far? But also says wants me to agree the sale and timing??

Remind her that as executor she has a legal obligation to get the best price possible and will be liable for the shortfall if she does not.

plumb1_2

Yorkshireman99 wrote: »

Remind her that as executor she has a legal obligation to get the best price possible and will be liable for the shortfall if she does not.

House valued at £150k offers over, offer a few months ago was £142k she said the agent said it was a good offer.
Now as the house was only listed end of september, imo not many purchasers about in the winter months. Best time to sell in spring/summer.

jbainbridge

Estate agents valuations / suggestions are often optimistic .... £142k may well be a good offer.

plumb1_2

jbainbridge wrote: »

Estate agents valuations / suggestions are often optimistic .... £142k may well be a good offer.

There was a house in the same ave sold in September last year £148k it was a Linked detached.
My mothers is a stand alone detached with 2 garages, side extension and on a nice sized corner plot.
I do realise that it needs decorating etc, so i would have thought it would be approx £150+

Plus she has opted to not have a For sale sign placed on the property.

plumb1_2

Yorkshireman99 wrote: »

Remind her that as executor she has a legal obligation to get the best price possible and will be liable for the shortfall if she does not.

Thanks i will inform her, I still need to know who i would go about putting a claim in for lost rent?
I did get a value from a Rental agency for £750 P/m rent,
I feel he/she owes a min of 12 months rent, given that he was only allowed UPTO 12 months from Jan 2014, or less if the house was sold.But again she delayed Marketing the house until late sept 2015.

plumb1_2

How do i tell if the Title is tenants in common or other ?

getmore4less

plumb1 wrote: »

Thanks i will inform her, I still need to know who i would go about putting a claim in for lost rent?

You would have to make a claim against the executor/trustee through the courts.