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Executor excluding benificiary
Comments
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I already know the reason why...and its because of the domestic abuse and the fact that the middle brother is being held accountable for his actions..I have been told this...the relationship between myself and him is well and truly over so he was NEVER going to allow me to succeed in this..the younger brother supports him..they've supported each other their entire lives...
BS. If you wish to claim that substantiate it. People like you are starting to pi55 me off. Do you know why? Because it detracts from the genuine cases.0 -
That's the standard right of executors.
You appear to have no ownership interest (the executors have it all on behalf of the estate) and no right of exclusive use of the house so it's fine for the other beneficiaries, barring court-imposed restrictions, to move in or visit the former home if they wish. Since it's no more yours than theirs only courtesy would require notice. Given the risk that you might not cooperate, lack of notice might be most prudent. The presence of the police implies that there was some concern that there would be trouble, though given the history, protecting you from the risk of violence might have been a major reason for their presence.
The executors can also evict you if necessary, and will have a legal duty to do so in the performance of their duties if that's what it takes. They would have to explain to the court why they haven't just sold the place to you because you would be telling the court about that if they tried. It'd be simpler for them if you couldn't buy, then the court would just issue the related orders.
The executors are free to decide which offers to accept, subject to them not acting unreasonably. With two beneficiaries wanting an unrelated buyer and you wanting to live there their decision does appear to be reasonable. Since the basis for this decision would apply regardless of whether you have the money or not, that won't necessarily make a difference.
A materially higher offer from you - thousands not a penny - would also complicate things, since one duty of executors is to maximise the value of the estate. Another duty is speed, so having the money say in the account of the solicitor acting for you on the purchase would be a significant additional complication.
Troubling is that the executors have rejected offers above the asking price in favour of one below. Is the prospective buyer in any way connected to the executors or others involved in this, such that there maybe a deliberate sale below market value going on?
What you need now if you want to live there is personal advice from a solicitor. You may be able with assistance to increase the potential costs to the point that selling to you becomes the best option. It appears that you have at least the potential - with a higher offer and ability to execute in days - to make the executors personally liable for failing to properly handle the estate.
Get that solicitor. What you are doing appears sensible and in accord with the expected duties of executors. You also need legal help in the form of a court order to protect you from unanticipated visits that are otherwise possible.
THANK YOU..that is so much clearer than anything so far!
you are correct that the police presence was for my safety...
as far as I am aware the execs are not connected to the other buyers. They have rejected higher offers that have come along since those particular buyers put their offer in. They explained to me that they did that because they;
a) did not want to slow down the current offer from the other buyers.
and b) thought I was connected to the higher offers and they may be a 'trick' to stop/slow the other buyers offer (which I assure you I was not involved)...0 -
BrassicWoman wrote: »Hi,
I am sorry for your loss, and the stress you are having just now.
The executor is duty bound to consider not just the amount of the offer, but resolving things quickly.
They need to look at this as a business, and not an emotional, transaction; which is difficult for you, because you have an emotional attachment to the property; but it is what they have to do.
So if they have a buyer sitting with ready cash, or a solid mortgage offer, vs you who don't have an unconditional mortgage offer (you need to be employed longer first) and need to secure bridging - all else being equal, the other buyer is the one they would have to accept the offer from.
This is not to do with who they like best.
Also apologies if I missed it - did the will say the house was to be sold, or just that the value of the house was to be split between you?
Does the estate have any other debts that need to be settled from the sale?
The executors have had countless conversations with me where their emotions are involved so I can say they are treating it like a business they are very much emotionally involved..
the will states to be held in trust to retain or sell (to be shared equally)
The mortgage is the only debt that needs to be settled.0 -
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BS. If you wish to claim that substantiate it. People like you are starting to pi55 me off. Do you know why? Because it detracts from the genuine cases.
you are beginning to live up to your troll legacy and will shortly be ignored...
people like me? nice!
it has been verbally expressed to me that they would prefer a stranger over me because of the DA. The fact they were willing to sell to an investor and leave me with my own 3rd is a massive clue to that. Since then the middle brother has been arrested and has bail conditions which he cockily never thought would happen I can assure you now the treatment from them both is punishment for standing up for myself and thats not an assumption - they have made that very verbally clear! You do not need to be here so why stick around if you are aggravated...I happen to have a genuine case in both aspects..ever had a 6Ft 12stone male family member continuously beat you and physically intimidate you for your cooperation over drugs and then throw barriers up when you want to buy the home you live in because you couldnt take it anymore?!...luckily for me I am repaired enough to talk about it and stand up to vile pieces of work like you.0 -
OK you can pay the money over quicker than someone who has to wait for a mortgage, but that does not alter the facts that:my process is quicker
a) neither you, nor the brothers, have any legal power to tell the executor who to sell the property to
b) the executor must decide which offer is "best". If you disagree with that decision then the only thing you can do is to sue your uncle. That will be very slow and very expensive. A court will then decide whether the decision was good or bad. In the meantime if outsider had by then bought the property the court is not going to reverse that .
c) your uncle is stuck between 3 siblings at war with each other. Human nature therefore dictates he will take the path of least resistance and will be influenced by whoever is nicest to him (you) or whoever scares the s out of him the most (bully brothers).
someone is going to lose...
which is why cakeguts has rightly pointed out the (better?) alternative outcome may be not to fight over a pile of bricks. That said, I fully understand your emotional attachment to your parent's house, as I too made sure I kept their house after my parents died.0 -
OK you can pay the money over quicker than someone who has to wait for a mortgage, but that does not alter the facts that:
a) neither you, nor the brothers, have any legal power to tell the executor who to sell the property to
b) the executor must decide which offer is "best".
someone is going to lose...
which is why cakeguts has rightly pointed out the (better?) alternative outcome may be not to fight over a pile of bricks. That said, I fully understand your emotional attachment to your parent's house, as I too made sure I kept their house after my parents died.
this is what I dont understand...according to a) neither of our opinions matters because we cant decide who to sell to...but if the exec decides whats best (according to b) and they dont sell to me off of the reason that the boys decided they wanted it to go to a stranger then surely the boys decided that not the exec!?
were beyond fighting over bricks Im done with that convo...0 -
Your point being?itchyfeet123 wrote: »The OP says the brother was arrested.
Which would strengthen the reasoning to move elsewhere would it not? You're simply perpertuating the problem surely?you are beginning to live up to your troll legacy and will shortly be ignored...
people like me? nice!
it has been verbally expressed to me that they would prefer a stranger over me because of the DA. The fact they were willing to sell to an investor and leave me with my own 3rd is a massive clue to that. Since then the middle brother has been arrested and has bail conditions which he cockily never thought would happen I can assure you now the treatment from them both is punishment for standing up for myself and thats not an assumption - they have made that very verbally clear! You do not need to be here so why stick around if you are aggravated...I happen to have a genuine case in both aspects..ever had a 6Ft 12stone male family member continuously beat you and physically intimidate you for your cooperation over drugs and then throw barriers up when you want to buy the home you live in because you couldnt take it anymore?!...luckily for me I am repaired enough to talk about it and stand up to vile pieces of work like you.0 -
Your point being?
Which would strengthen the reasoning to move elsewhere would it not? You're simply perpertuating the problem surely?
how when if he is legally bought out of the house I need nothing further to do with him?
I dont have to leave the house also for connections to be severed....0 -
that is precisely why one should never appoint a member of family as executor if there is the remotest possibility of beneficiaries arguing over what to do as a family member is not detached and impartial.this is what I dont understand...according to a) neither of our opinions matters because we cant decide who to sell to...but if the exec decides whats best (according to b) and they dont sell to me off of the reason that the boys decided they wanted it to go to a stranger then surely the boys decided that not the exec!?.
under b) the boys did NOT decide. The executor took the decision, a decision you disagree with, but that does not mean it was the wrong decision.
Why your uncle made such a decision is a matter for him to justify. If you disagree with it then the only thing you can do is sue your uncle and let a court assess whose was the best offer which an executor must accept: yours or the outsider's.
the way to make sure that assessment is in your favour, and therefore that your uncle cannot do anything other than accept your offer, is to make sure your offer is THE BEST0
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