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Executor excluding benificiary
Comments
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It isn't ridiculous because when your mother died you should have given the executors the account number for your mother's mortgage and then the building society or bank would have frozen the account because the account holder was no longer alive. Once someone is dead they don't own the house anymore and they don't have a mortgage account for a house they don't own. You seem quite capable of asking about buying the house here and finding bridging loans and mortgage advisers yet not capable of asking a bank or building society what to do about the mortgage account of someone who had died.
your comment over the drugs was ridiculous...
I didnt touch her bank or mortgage...the executors were given her cards/account details to deal with the bank accordingly when she passed...
they closed mums accounts and were the ones who said we had to continue paying mums mortgage..i said earlier on I have done everything the execs have asked of me and told me to do including making her insurance payments also which I have been told by others I shouldnt be making but if I didnt make the payments the execs were going to put the house up for sale and I was trying to prevent that...
Im not to know any different and the execs were trusted in the beginning so how am i to question what they have told me I should and shouldnt be doing.
None of that has been relevant until highlighted in this thread and the sale of the house has literally happened in the past handful of weeks all these issues with the execs are very recent and I am now trying to ask as many questions as possible ...my original questions were about how I buy the house but if somebody highlights that the execs havent done the right thing from the beginning then I can only act upon it once its been highlighted and I have cause for concern!0 -
Yes I do know how awful people can be and I also know that there are numerous reasons why people start taking drugs so I don't judge them. Living with a drug addict must be awful but living with drug addict in a house that neither of you own means that you can move out without any financial implications. All I was trying to point out is that one sibling does not have the right to tell the other sibling how to live in a house that doesn't belong to either of them.
yet you judge me for not putting up with his drug habits in a space we shared?
there were many financial implications to me leaving the address at that time I already stated that ...
and he did not have the right to impact my life with drugs and drug dealers...and he certainly didnt have the right to respond in violence no matter where we lived...
the state of the house is irrelevant in regards to drugs. I was well within my rights to not accept that behaviour...
you have your opinion and I have my experience...0 -
Regarding the executors of your mother's estate. If your mother died in November 2015 and the probate had come through in January 2016 then the executors did a really good job especially since public offices would have closed for the Christmas holidays as well in that period. The only thing they may have not done so well was to not market the property for sale in February. Waiting until a few weeks ago makes no sense.0
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Op, I've sat and read through the whole post and I'm sorry you're having such difficulties. You really need to speak with an independent solicitors to get advice on what the execs can and cannot do. I would imagine you need someone who specialises in probate cases.
Hope you can get it sorted and get in with your life.
I'm sorry for the loss of your Mum, it's a horrendous thing to cope with in its own without all of this other hassle too.
Good luck.0 -
To cover some points.
Mortgages do not have to be frozen often(probably always) there are clauses that transfer the liability fully to the estate and if payments are not made interest can accumulate it is up to the lender what they want to do within the terms and conditions of the debt.
Occupation is often considered better than leaving properties empty.
often the house sitter would get consideration on any potential rent to cover the house sitting duties and often pay zero to avoid setting up a tenancy.
Executors also have the option to then transfer if appropriate most of the running costs to the occupier(s) especially council tax to reduce estate costs.
The OPs friend would most likely have occupancy status as guest or lodger.
the OP should have got a solicitor on this months ago in preparation of having the cash to actually buy the place.0 -
Regarding the executors of your mother's estate. If your mother died in November 2015 and the probate had come through in January 2016 then the executors did a really good job especially since public offices would have closed for the Christmas holidays as well in that period. The only thing they may have not done so well was to not market the property for sale in February. Waiting until a few weeks ago makes no sense.
Can you really not read!?
The house wasnt on the market because ut was being kept by the three of us! A joint morgage between the 3 of us was being applied for and so it had no reason to be on the market....
as soon as Granddad died and there was only myself and the middlebrother left in the house did he attempt to bring the drugs inside...I didnt agree to this...so the beatings and intimidation began the house still didnt go on the market because aslong as I was taking the beatings and keeping quiet then he was allowing the joint mortgage to proceed...this went on for months! When witnesses called the police and he was arrested and bailed he then withdrew his permission on the joint application and the house went up for sale! it wasnt supposed to go up months ago it was a joint decision to keep it...until he got caught and I knew it was all over!0 -
Regarding the executors of your mother's estate. If your mother died in November 2015 and the probate had come through in January 2016 then the executors did a really good job especially since public offices would have closed for the Christmas holidays as well in that period. The only thing they may have not done so well was to not market the property for sale in February. Waiting until a few weeks ago makes no sense.Can you really not read!?
The house wasnt on the market because ut was being kept by the three of us! A joint morgage between the 3 of us was being applied for and so it had no reason to be on the market....
as soon as Granddad died and there was only myself and the middlebrother left in the house did he attempt to bring the drugs inside...I didnt agree to this...so the beatings and intimidation began the house still didnt go on the market because aslong as I was taking the beatings and keeping quiet then he was allowing the joint mortgage to proceed...this went on for months! When witnesses called the police and he was arrested and bailed he then withdrew his permission on the joint application and the house went up for sale! it wasnt supposed to go up months ago it was a joint decision to keep it...until he got caught and I knew it was all over!getmore4less wrote: »To cover some points.
Mortgages do not have to be frozen often(probably always) there are clauses that transfer the liability fully to the estate and if payments are not made interest can accumulate it is up to the lender what they want to do within the terms and conditions of the debt.
Occupation is often considered better than leaving properties empty.
often the house sitter would get consideration on any potential rent to cover the house sitting duties and often pay zero to avoid setting up a tenancy.
Executors also have the option to then transfer if appropriate most of the running costs to the occupier(s) especially council tax to reduce estate costs.
The OPs friend would most likely have occupancy status as guest or lodger.
the OP should have got a solicitor on this months ago in preparation of having the cash to actually buy the place.
Iv tried to explain above why the house wasnt up for sale I why I didnt think I needed a solicitor..in all honesty I couldnt get one at the time...
since the brother has been bailed Iv been able to quickly get some things together but I was in no postition for a mortgage so fighting it was pointless...then literally the week after the house went up for sale quite a fee things fell in to place and I was on track for getting a mortgage in the 3rd week an offer was excepted on the house and its been a race until the execs verbally put a stop to me and I had lots of questions...0 -
Can you really not read!?
The house wasnt on the market because ut was being kept by the three of us! A joint morgage between the 3 of us was being applied for and so it had no reason to be on the market....
as soon as Granddad died and there was only myself and the middlebrother left in the house did he attempt to bring the drugs inside...I didnt agree to this...so the beatings and intimidation began the house still didnt go on the market because aslong as I was taking the beatings and keeping quiet then he was allowing the joint mortgage to proceed...this went on for months! When witnesses called the police and he was arrested and bailed he then withdrew his permission on the joint application and the house went up for sale! it wasnt supposed to go up months ago it was a joint decision to keep it...until he got caught and I knew it was all over!
The one plus side to this is that his intention to take drugs under your joint roof came out before the joint mortgage was all set up and running. Things would have likely been even more difficult/traumatic if it had all gone through and then he had started acting up like this.0 -
:cool:moneyistooshorttomention wrote: »The one plus side to this is that his intention to take drugs under your joint roof came out before the joint mortgage was all set up and running. Things would have likely been even more difficult/traumatic if it had all gone through and then he had started acting up like this.
my thoughts were to secure the house first before seeking help again....the police were brougt in for domestic violence way before this as it started to creep up the risk chart the police gave him his last warning the next arrest would stick and I wouldnt have a choice over the charges...hence him using the mortgage as a bargaining tool to buy my silence...I figured Id suffer it out until the house was secure and then he would have no bargaining tool i could call for help again and Id have time in the long run to figure out what was next...0 -
Well - for right now - I agree with others on here and get yourself a good solicitor and see them asap.
In your shoes - I'd go in and see that solicitor with a (brief) timeline of events to date in one hand and list of questions in the other hand. Taking with you one of those helpful friends of your mothers might be an idea too - their role is to act as an "in loco parentis" figure basically and just to get introduced as "my mother's best friend" and then to just sit there quietly and smiling supportively at you and help you analyse what happens afterwards (well that's how my father believes in acting - ie just hovering there if need be and looking quietly confident/a couple of polite comments and then listen hard).
You are coming over to me as someone that is basically a strong person. You've just been wrong-footed by inexperience (that happens to many of us:o) - but we learn as we go on through life.
Not everyone could pick themselves up and try to put a life together for themselves in your circumstances - but I think you have the strength to do so.
fingers crossed you can manage to keep the house.0
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