Executor excluding benificiary

LellSasha

AdrianC wrote: »

In all of that long and unnecessary detail, you miss out the one and only relevant fact.

What does her will say?

The executor's job is to wrap her finances up, maximising the value, and to distribute it according to her will. No more, no less.

If the will said that the house was to be sold and the proceeds split, then the executors have to sell the house. One of you could, of course, buy it.

If the will said that the house was left to the three of you equally, then you each get 1/3 joint ownership. You can, of course, then negotiate among yourselves to buy or sell your shares.

If the will says that the value of her estate is to be distributed, then it's entirely up to the executor how that happens. If one of you wants to retain the house, then you will need to find some way to put money into the estate to the value of the house above your share of the estate.

my apologies that it was long and unnecessary however I have never been through anything like this before so I am unsure as to what was necessary and unnecessary in regards to the treatment going on..there are many complicating factors that have popped up as additional questions that have in fact made a difference in the past so all I wanted to do was give the full picture and avoid more question than needed!!!

I have had somebody look over her will and it says the executors can retain or sell!

my point in all of that is that no matter the amount I offer they're rejecting it over other reasons and Id like to know my rights on it all.

getmore4less

How has the mortgage been paid since Nov2015?

LellSasha

moneyistooshorttomention wrote: »

Or, on the other hand, Mum may have been aware that one of her sons was a violent sort. It's just possible she may have been trying to protect her daughter (I presume OP is a daughter?) from her thuggish brother and thought the best way to do it was have the house sold and then OP could break all ties with the thug and the other brother?

But, if OP decides she wants the house regardless, then it's fair enough she should get it if she can manage (as it seems she can) to find the money to buy out Thug and Other Brother.

Yes I am a daughter. I honestly cannot know what my mums exact reasons for making executors on her will were for as her explanation to me did not involve the house. In all honesty my mum sat and cried in her final months that she could see the change in her sons and she had made a mistake. Her original intention was not to have the house sold but said we may not want it when she dies for painful memories and so the decision was ours when the time came. Everybody was around for this dicsussion. However she was no long 'healthy' enough to mend her will and at the time the house was not our priority she was. I know this does not make a legal difference.
I don't believe she was trying to avoid any danger for myself but then I dont believe any of us could of imagined how things are now happening.

AnotherJoe

LellSasha wrote: »

my apologies that it was long and unnecessary however I have never been through anything like this before so I am unsure as to what was necessary and unnecessary in regards to the treatment going on..there are many complicating factors that have popped up as additional questions that have in fact made a difference in the past so all I wanted to do was give the full picture and avoid more question than needed!!!

I have had somebody look over her will and it says the executors can retain or sell!

my point in all of that is that no matter the amount I offer they're rejecting it over other reasons and Id like to know my rights on it all.

I would suggest you disregard your rights, look at the practicalities which are in your favour. You can make it very difficult for the executors to sell, as you are already the "bad egg" you have little to lose so simply match the offer of the potential buyer offers and point out that shoudl they wish to sell, they will need vacant possession and you wont be going until they go legal, which will cost them money and whilst you are being difficult, they will have buyers drop off when they find there is a sitting tenant who is related to the executors and there's a legal dispute going on

Don't put that in writing, that will make it easier for them, but I am sure there are ways of letting them know.

Do have a solicitor write a letter to them stating you require these documents, whatever they are.

One other thought, completely the opposite POV, might it be better to have a clean break and take the money and leave this house? If you had the money and were buying a place, would this be the one you'd want to buy? Seems a bit random that you would.

LellSasha

xylophone wrote: »

Has probate been granted? If so, you can get a copy of the will.

The executors have a duty to act as directed in the will, to treat all beneficiaries fairly and to obtain the best value on sale of estate assets.

Probate was granted in January.

getmore4less

AdrianC wrote: »

In all of that long and unnecessary detail, you miss out the one and only relevant fact.

What does her will say?

The executor's job is to wrap her finances up, maximising the value, and to distribute it according to her will. No more, no less.

If the will said that the house was to be sold and the proceeds split, then the executors have to sell the house. One of you could, of course, buy it.

If the will said that the house was left to the three of you equally, then you each get 1/3 joint ownership. You can, of course, then negotiate among yourselves to buy or sell your shares.

If the will says that the value of her estate is to be distributed, then it's entirely up to the executor how that happens. If one of you wants to retain the house, then you will need to find some way to put money into the estate to the value of the house above your share of the estate.

The outstanding mortgage complicate that option considerably at it needs to be paid off to get the executors out of the loop

AdrianC

LellSasha wrote: »

Probate was granted in January.

getmore4less wrote: »

The outstanding mortgage complicate that option considerably at it needs to be paid off to get the executors out of the loop

If probate's been granted, then the mortgage must have been resolved.

LellSasha

AnotherJoe wrote: »

I would suggest you disregard your rights, look at the practicalities which are in your favour. You can make it very difficult for the executors to sell, as you are already the "bad egg" you have little to lose so simply match the offer of the potential buyer offers and point out that shoudl they wish to sell, they will need vacant possession and you wont be going until they go legal, which will cost them money and whilst you are being difficult, they will have buyers drop off when they find there is a sitting tenant who is related to the executors and there's a legal dispute going on

Don't put that in writing, that will make it easier for them, but I am sure there are ways of letting them know.

Do have a solicitor write a letter to them stating you require these documents, whatever they are.

One other thought, completely the opposite POV, might it be better to have a clean break and take the money and leave this house? If you had the money and were buying a place, would this be the one you'd want to buy? Seems a bit random that you would.

Once the brothers are legally bought out and the execs are relieved of their duties then I have the clean break I need..the personal issue I have is that I have no family (all my parents/grandparents are deceased) so there's no desirable area that I wish to move to and if I cant have this house with the sentiments attached then I am very reluctant to live close by...being alone and with my whole future to think about I imagine it will take me some time to find a place I am happy to be in..why would I want to pay rent on a property I have had to be in when I could pay the same in a mortgage in a house that I want to be. My mums house is a lovely house in a great area I'd be very lucky to come across anything similar in the future.

AdrianC

LellSasha wrote: »

why would I want to pay rent on a property I have had to be in when I could pay the same in a mortgage in a house that I want to be. My mums house is a lovely house in a great area I'd be very lucky to come across anything similar in the future.

Sure, but if you can afford to take a mortgage on for this house, you can afford the same size mortgage on another house.

LellSasha

AdrianC wrote: »

If probate's been granted, then the mortgage must have been resolved.

The mortgage has not been resolved.
I was paying the mortgage up until the house went on the market. We were then given permission to stop paying the mortgage and it would just be taken out of the money from a sale.
My offer covers paying that outstanding mortgage and giving the brother theyre equal share of the houses value.