Executor excluding benificiary

BrassicWoman

LellSasha wrote: »

It was explained to me that once the loan pays out the brothers and mums mortgage that the house is then legally bought by me (handled by the solicitor)..therefore its not theoretical my offer just needs to be accepted by the execs..

with mums mortgage paid and the brothers 3rd bought out mums estate has been sold despite where the money has come from. So the execs are relieved of their duties. Its not their responsibility to then make sure I get a mortgage..its mine and the brokers..

I will legally own the house I just have a massive debt to pay back which means I will need the mortgage to pay the loan.

lets say the new buyers get the house and never pay their mortgage for whatever reason... are the execs liable for this also or did their duties end when the house was signed over??
this is how it works for me..the house is signed over in receipt of all the payments...they no longer have a responsibility!

Until you have a mortgage agreed, or cash in the bank, you are not proceedable and the sale cannot take place. You're correct that how you repay the loan is your business; but right now you do not have a loan. If you were asked to pay for the house and complete the sale tomorrow you wouldn't be able to.

You therefore do not have the "best" offer, so the executors are correct not to accept.

I'm in a house buying/ selling chain right now and we all need to prove we can buy what we're offering on before the offers are accepted; that is just how it works, and therefore what you need to do.

DCFC79

LellSasha wrote: »

in their words I cant prove whats mine and whats mums so theyre treating it all as mums and allowing the boys to take what they say they want..anything they dont want is going to be binned and you couldnt be more right...im arranging to have all my personal items removed before they come back so all they do take is mums (which isnt much to be fair) the washer/dryer/ fridgefreezer are mums the rest is mine..so i have a big job on my hands. I brought my furniture over when i moved in as it was newer than mums except for her kitchen appliances that matched her kitchen..

Maybe a daft question but have you removed anything of your mum's you wanted to keep ?

If you wanted to keep something of hers of course.

moneyistooshorttomention

If the washer, dryer and fridge-freezer are mums - then divide by 3 and one of those is rightfully yours. I'd be wondering whether to remove whichever of those 3 came to a one-third of the value as well.

You'd better have company with you when they come round on a "seek and destroy" mission.

In hindsight it might have been better to keep quiet about being battered by the brother until this had all been sorted - and then find a way to pay him back (cause him to lose his job/tell his wife about any unfaithfulness you knew about/etc). But I cant say I blame you for speaking out at the time, rather than doing "Revenge is a dish best served cold" - as I'd probably have lost it and Told The World at the time myself.

Fingers crossed for you - and I must confess I'm surprised people don't seem to be being more helpful considering what your brothers did to you.

When this is all sorted out one way and another - do come back to the thread and say how it all finished up. I'll be hoping you will come back to say "All my possessions safely protected and one-third of mothers and I got the house".

LellSasha

BrassicWoman wrote: »

Until you have a mortgage agreed, or cash in the bank, you are not proceedable and the sale cannot take place. You're correct that how you repay the loan is your business; but right now you do not have a loan. If you were asked to pay for the house and complete the sale tomorrow you wouldn't be able to.

You therefore do not have the "best" offer, so the executors are correct not to accept.

I'm in a house buying/ selling chain right now and we all need to prove we can buy what we're offering on before the offers are accepted; that is just how it works, and therefore what you need to do.

this is my catch 22...
they have said even when the money lands they will not accept my offer.
So I am reluctant to pay the final fee to complete the process if its going to be pointless ..if they said they would accept my offer Id have paid the money and had it already.
Theyve point blank shot me down and made it clear they wont go with me no matter what...

moneyistooshorttomention

DCFC79 wrote: »

Maybe a daft question but have you removed anything of your mum's you wanted to keep ?

If you wanted to keep something of hers of course.

I had been wondering what happened about mothers jewellery (assuming she owns any worth anything). As mother had 2 sons and 1 daughter - then it would be expected that the daughter would inherit all the jewellery. I do hope the Will duly specified that 100% of the jewellery was hers (as the only girl in the family).

LellSasha

DCFC79 wrote: »

Maybe a daft question but have you removed anything of your mum's you wanted to keep ?

If you wanted to keep something of hers of course.

I havent removed anything of hers and do not plan to so not to cause further problems..the furniture I dont care about..the principle of it is cr*p and I know under the will they should be distributing her chattels fairly but im willing to go without if they give me a fighting chance over the house itself.

LellSasha

moneyistooshorttomention wrote: »

I had been wondering what happened about mothers jewellery (assuming she owns any worth anything). As mother had 2 sons and 1 daughter - then it would be expected that the daughter would inherit all the jewellery. I do hope the Will duly specified that 100% of the jewellery was hers (as the only girl in the family).

I was left her jewellery in the will...unfortunately after her will was made her jewellery was take and pawned by the boys barring the earring she was wearing...I received those earrings. silly me didnt lock those earrings away and both the earrings from my mum and pendant from my dad were taken from my jewellery box early this year before all the other problems began...

Cakeguts

You say that your mother died in November 2015 is this correct? You also say that you moved into the house 6 months ago? Who gave you permission to move into the house? It can't have been your mother as she didn't own it then.

BrassicWoman

LellSasha wrote: »

this is my catch 22...
they have said even when the money lands they will not accept my offer.
So I am reluctant to pay the final fee to complete the process if its going to be pointless ..if they said they would accept my offer Id have paid the money and had it already.
Theyve point blank shot me down and made it clear they wont go with me no matter what...

So you have a choice to make. Whether to make yourself proceedable, even if that means paying fees (as many buyers have to do), and put in the highest offer via the EA

Or whether to let it go

I cannot see that you have another choice.

AdrianC

LellSasha wrote: »

I was left her jewellery in the will...unfortunately after her will was made her jewellery was take and pawned by the boys barring the earring she was wearing...I received those earrings. silly me didnt lock those earrings away and both the earrings from my mum and pendant from my dad were taken from my jewellery box early this year before all the other problems began...

After her will was made... but before she died?
If so, then can you prove it wasn't a gift from her to them? Because that's what they'll claim.

If it was after she died, then can you prove it? If so, then it's theft.