Inventory of disgustingly dirty house, should I apologise?!?

sooz

nice idea DFC, but i think from the other thread the OP has already employed an agent, and an AST has been signed with the niece

BlondeHeadOn

sooz wrote: »

Do you have to be the exectutor?

Can you just resign from it, and make the 'trust' employ someone else to deal with all of this?

Yes, I plan to instruct our solicitor to do just that. Once the letting is up and running I want to take a strictly 'hands off' approach!

I was feeling guilty about thinking of doing this, but the reaction of posters on this site has convinced me that it really is a good idea, and I now feel a lot less guilty about it!!!

BlondeHeadOn

sooz wrote: »

nice idea DFC, but i think from the other thread the OP has already employed an agent, and an AST has been signed with the niece

Unfortunately it's true, I was getting pressure to sort this out so have - and am regretting it big time now!

BlondeHeadOn

Debt_Free_Chick wrote: »

OK - be brave. You are the executor - you have all the power.

That sounds like a very nice idea - I hadn't thought about it like this before!

:rotfl: :rotfl: :rotfl:

sooz

Sorry both for your loss, and for having to deal with all of this.

My knowledge of wills is very hazy (so i'm sure someone will correct me...)

However, the niece must be over 18 if she's on the AST.

You as trustee & executor have no benefits of the property, and AFAIR it still has a mortgage on it. Is there any reason why she can't inherit the house (with the other niece is it?) Then they would own it and pay the mortgage on it, rather than this mess.

I think you can change a will, within a certain amount of time, after someone has died.

edit - after some googling..... can you make a deed of variation, if you are all in agreement, within 2 years of the death?

Debt_Free_Chick

BlondeHeadOn wrote: »

That sounds like a very nice idea - I hadn't thought about it like this before!

:rotfl: :rotfl: :rotfl:

Just to be clear, I am deadly serious here. As the executor, you are the legal owner of ALL your brother's estate. As you know, your instructions, under the terms of the will are "to hold the house in trust".

In trust means you are the trustee - again, the legal owner. No-one has any right to enter the property, except you - or others acting on your instructions.

Have you found that STEP solicitor yet

BlondeHeadOn

Debt_Free_Chick wrote: »

Just to be clear, I am deadly serious here. As the executor, you are the legal owner of ALL your brother's estate. As you know, your instructions, under the terms of the will are "to hold the house in trust".

In trust means you are the trustee - again, the legal owner. No-one has any right to enter the property, except you - or others acting on your instructions.

Have you found that STEP solicitor yet

Hi DFC, yes I immediately searched the web for STEP solicitors yet and have found one in my area willing to take this on. I've been ill this week so haven't been able to make an appointment yet, but all being weel I have one for next week. So many thanks for that particular tip!

Unfortunately this came to late to avoid the current renting situation, but I am hopeful it will make the rest of the next 10 years as trustee (oh Gawd!) a bit easier!

I should have posted about this situation on MSE about 3 months ago - I would have avoided an awful lot of hassle.

BlondeHeadOn

sooz wrote: »

Sorry both for your loss, and for having to deal with all of this.

My knowledge of wills is very hazy (so i'm sure someone will correct me...)

However, the niece must be over 18 if she's on the AST.

You as trustee & executor have no benefits of the property, and AFAIR it still has a mortgage on it. Is there any reason why she can't inherit the house (with the other niece is it?) Then they would own it and pay the mortgage on it, rather than this mess.

I think you can change a will, within a certain amount of time, after someone has died.

edit - after some googling..... can you make a deed of variation, if you are all in agreement, within 2 years of the death?

Thanks for this suggestion, but it does feel all wrong - this is not what my brother wanted, and - nightmare though it is - I would rather try as far as possible to respect his wishes.

There is also a good reason for the state to be tied up for so long - the younger niece is likely to be bullied out of any inheritance by the nightmare niece, so part of the point of this trustee stuff is to prevent that.

guppy

BlondeHeadOn wrote: »

Yes, I plan to instruct our solicitor to do just that. Once the letting is up and running I want to take a strictly 'hands off' approach!

I was feeling guilty about thinking of doing this, but the reaction of posters on this site has convinced me that it really is a good idea, and I now feel a lot less guilty about it!!!

Don't be too hands off with the agent, they will have no great incentive to keep tabs on the property, and I doubt they'll want to get involved in a family dispute.

Best of luck, sounds like an unpleasant situation.