Co-Executor Unreasonable Behaviour

getmore4less

ianbridge68 wrote: »

As said, cost of repairs are £4000.00 and selling on open market will mean we have to sell at over £10,000.00 less than the brother has agreed to pay, at least. Can't see how putting on open market helps anyone.

If brother offers full valuation of £120,000 then the other 2 are entitled to £40,000 each. Correct? If goes on open market then best in current condition would be £10,000 less (at least) thus reducing the share to abt £36,000.00 each. A loss of £4000 each. The repairs being £4000 is a cost of approx £1333.00 each so an individual reduction of £2,700 each beneficiary. Not sure I understand how anyone can benefit from her belligerence.

Brother was going to pay £120k £40k each

needs £4k off to pay the repair bill £116k £38,666 each

£1,334 less

Get the brother to say he will still pay the £120k as agreed to keep the peace for now.
Just slip him £2k on the side to cover 1/2 the cost it will be cheaper than letting this go on any longer and a sale on the open market.

ianbridge68

She has been advised that her brother will cover the cost of the repair, she is now refusing that too! Hi Ho it's off to court we go.

Thanks to all for your advice. Will update if we get resolution.

Yorkshireman99

ianbridge68 wrote: »

She has been advised that her brother will cover the cost of the repair, she is now refusing that too! Hi Ho it's off to court we go.

Thanks to all for your advice. Will update if we get resolution.

Before going to court you might try mediation.

DigForVictory

Please, try mediation. Her present path is going to land everyone in the mire but a little support & cooperation, plus a gently worded bit of emotional blackmail 'this is not what our parents would have wanted, us bickering like this'.

Co-executor - starting from intestate, you have achieved so much so far - and she's jibbing as she sees Bruv benefiting?
Dear me, sibling bickering is So Difficult to ease past. Can we presume there is no significant other who could lean on her a bit or intercede with her illogic?

Can you find an old family friend who does run logic & whom all three of you know & trust enough to apply logic & coax her into being cooperative with the planned sale so everyone can get on with things before you have to start instructing lawyers and other horrific expensive things?

PasturesNew

I'd just pay for the floors with the brother .... and drop her from the Xmas card list.

Mojisola

ianbridge68 wrote: »

The property belongs to all 3 of us and myself and sister have agreed to sell to my brother. So he is buying out our shares of the property. If he pulls out of the sale we will all still own a 3rd of the property but will then need to place on open market. If we do not repair the collapsed floors then the value of the house will drop by over £10,000.00. If we agree to pay the repairs it will only cost £4000.00 so a £6,000 drop in the estate. Why would she want to lose more money than it would cost to repair? Illogical and unreasonable.

As an executor, she has duty of care to act in the best interests of all the beneficiaries and avoid loss.

If she causes the estate to lose money, she will be legally responsible for all the loss.

Would she see sense if you sent her a letter via a solicitor pointing out her legal duties?

dotchas

ianbridge68 wrote: »

but mys sister has refused to accept that her share will be reduced



This is the jist of it, we had exactly the same scenario in OHs family. His sister was unhappy anytime any money was spent in the sale of the house (although not even from her pocket, always ours) because that would reduce what she would receive. We had also paid for the funeral and that made our payout seem much bigger than hers and she struggled to see why.

OH and I wanted to buy the house and went quite far with the purchase before realising she could not handle that fact, whether she couldn't handle us owning the family home or the fact we would benefit financially in the future by letting it out we will never know.
Your sister in her head has decided she is getting £40,000 and needs it explained that this will not happen regardless.

Perhaps the solicitor could point it all out to her.
Good luck