Trustee of will moving into jointly inherited house

gettingtheresometime

Margot123 wrote: »

To answer a couple of queries; I couldn't move in with him as he takes drugs and would run up debts, apart from having weird mates about all the time. I also have my own home and family, so not even an option.
The reason he is moving in is because it is free! I'm sure he's running away from debts as he owes people all over the place inc Council Tax.
I think my best option would be to give him grief before he gets settled in. I can always give the authorities a nudge as to where he might be ;-)

Charge him rent ?

getmore4less

gettingtheresometime wrote: »

Charge him rent ?

THat can be a bad idea because it can create a tenancy.

Also the estate then has income the executors need to deal with.

getmore4less

Margot123 wrote: »

To answer a couple of queries; I couldn't move in with him as he takes drugs and would run up debts, apart from having weird mates about all the time. I also have my own home and family, so not even an option.
The reason he is moving in is because it is free! I'm sure he's running away from debts as he owes people all over the place inc Council Tax.
I think my best option would be to give him grief before he gets settled in. I can always give the authorities a nudge as to where he might be ;-)

You also may want to consider what stratagy you want to use to try getting probate in just your own name.

Margot123

The only way you can get anyone removed as an executor is if they are currently serving a prison sentence of 6 months or more. The process of proving someone 'unfit' to act as an executor would be expensive and protracted.

Margot123

Yes, that would create a tenancy and add to the problems.

Jenniefour

Margot123 wrote: »

The only way you can get anyone removed as an executor is if they are currently serving a prison sentence of 6 months or more. The process of proving someone 'unfit' to act as an executor would be expensive and protracted.

That may well be the case, I think there are other grounds as well. There is also a choice for executors that one act and the other(s) has power reserved. I agreed this with my brother when our mother died because he would prefer me to sort everything out. An executor can also resign if they wish and the other(s) do the work.

There might be a way that OP could put the latter option to her brother where he's more likely to agree. Worth a try. Before application for grant of probate.

As getmoreforless suggests, consider the strategy.

Margot123

Jenniefour wrote: »

That may well be the case, I think there are other grounds as well. There is also a choice for executors that one act and the other(s) has power reserved. I agreed this with my brother when our mother died because he would prefer me to sort everything out. An executor can also resign if they wish and the other(s) do the work.

There might be a way that OP could put the latter option to her brother where he's more likely to agree. Worth a try. Before application for grant of probate.

As getmoreforless suggests, consider the strategy.

Now that would be what a reasonable person would do, either reserve or renounce BUT I am not dealing with a reasonable person. Whatever he does wouldn't solve the issue of him moving in, sadly.

Yorkshireman99

Not so! If you can prove the executor is acxting improperly then an application to the court to have them removed. However it does depend on having solid proof and will not be cheap though some money maybe recoverable from the culprit.

Margot123

Apparently, as he has now put the house up for sale, he is not acting improperly and can remain in the property. His only obligation is to the terms of the will, and he is fulfilling that part now. I can see that if any offers come in, he will reject them though and simply continue to market the property ad-infinitum. It will be in such a mess that I can't even see any offers being made.
He's also said his solicitor said to call the police if I go there and 'harass' him; he could make all sorts of accusations when all I want is to talk to him.

Yorkshireman99

Margot123 wrote: »

Apparently, as he has now put the house up for sale, he is not acting improperly and can remain in the property. His only obligation is to the terms of the will, and he is fulfilling that part now. I can see that if any offers come in, he will reject them though and simply continue to market the property ad-infinitum. It will be in such a mess that I can't even see any offers being made.
He's also said his solicitor said to call the police if I go there and 'harass' him; he could make all sorts of accusations when all I want is to talk to him.

As joint executor you have the right to be involved.He cannot sell the house or instruct an estate agent without your agreement. I would tlel the estate agent what is going on. I would write to him by signed for letter stating this. You might also contact the solicitor and tell him what is going on. As for the police tell them if need be. Time to play hardball with him.