Estranged brother

Patterdalemum

What will happen if I refuse to be executor?

xylophone

https://sasdaniels.co.uk/blog/2017/02/27/i-know-i-intermeddled-executor-i-can-still-renounce-role/


https://www.funeralguide.co.uk/help-resources/managing-your-estate/removing-and-substituting-executors

My mum is elderly and very unwell. My 54 tear old brother has always lived at home and my parents have always been too scared to force him out.

Your father has died/is no longer living in the property?


I would imagine that the equity release company would want its money - I suppose that in the absence of an executor, court action of some kind would be instituted?

Malthusian

Patterdalemum wrote: »

What will happen if I refuse to be executor?

Then your brother would have the right to take on the job. If he did you might have to get in touch with him to receive your share.

Personally, if the estate was solvent, I would either a) take on the job to make sure he didn't balls everything up, but hand it to a solicitor. No contact with the brother would be needed as the solicitor could handle it. Or b) renounce and write off the inheritance.

If you renounce and your brother doesn't take the job, the equity release lender will apply to administer the estate. They will have to in order to get paid.

If the loan is already 70% of the house value I wouldn't be surprised if the inheritance was very modest if anything by the end. As others have said, if it was insolvent (no money left after paying for the funeral, solicitors' fees, equity release loan and other debts) you should renounce.

Patterdalemum

My father died in 2011.

Flugelhorn

Depending on how much the 30% minus fees and expenses etc - it might well be worth keeping your distance. Suspect one of the biggest problems is going to be getting brother to leave the property in order for it be sold.
You really don't want to be responsible for that

McKneff

Personally, i would just get on with my lfe,
Let your brothers get on with what is to do....
Payback time...

Sea_Shell

What does your mum think will happen to your brother? Or have you not that conversation at all?

It doesn't sound like he was ever in (or will ever be in) a position to have carried on living in the property once she went down the ER road, especially with such a large % owed.

Patterdalemum

Flugelhorn wrote: »

Depending on how much the 30% minus fees and expenses etc - it might well be worth keeping your distance. Suspect one of the biggest problems is going to be getting brother to leave the property in order for it be sold.
You really don't want to be responsible for that

He will be trouble to get out. This is why I don't want to deal with him. I wouldn't even consider going to mum's house without the police. I'm not welcome there now and that's with her still alive!

Patterdalemum

Sea_Shell wrote: »

What does your mum think will happen to your brother? Or have you not that conversation at all?

It doesn't sound like he was ever in (or will ever be in) a position to have carried on living in the property once she went down the ER road, especially with such a large % owed.

We've had the conversation many times and she knows he'll have nowhere to go but she won't have the conversation with him. All just leave it to me to deal with. He knows she has equity release to pay off but he has no idea how much cos she won't keep the statements at her house in case he finds them.

iammumtoone

If you are comfortable (money wise), personally I would walk away. The brother will have to be made to get out of the house ideally you don't want to be involved in that. Somethings in life you need to look at the bigger picture and if it will be a small amount if any left then is it really worth it to you.

Does your Mum have any (non valuable) processions you would like? I appreciate its really difficult but could you ask her for them now so there is no need for you to go near the house.