Living in deceased property awaiting sale - who pays the bills 29 June 2020 at 10:24PM in Deaths, Funerals & Probate 24 replies 2.2K views

Anewhome2016

Thanks xylophone 
The deceased borrowed what now amounts to 220k against the property?

Not privy to the info re amount estate is worth.
No idea why solicitor still has will. He is a friend of 1 of the executors. Executors claim they have not had sight of it. - untrue
There are 6 beneficiaries in total. 2 of which are executors. I am not a beneficiary.
The valuation has been done by an EA related to 1 of the executors. They said they would not market the property as a probate property!!!

getmore4less

who are the legal owners of the property on the land reg.

it may be probate is not needed.

Unless someone can raise £220k the place will need to be sold,  at some point the lender will give up waiting and might repossess the place.

The house is not part of the estate only the free equity.

 How much is it worth.

AS the house is getting sold the paying the bill  might as well plan their move and leave the other person responsible for the council tax and bills

May be relevant when was the equity taken out and what happened to the money?

Alternative  strategy if the place is big enough, the one paying the bills gets in a few lodgers to help out.

xylophone

https://blog.lawpack.co.uk/what-to-do-if-youre-unhappy-with-an-executor/
Have you checked on the property at the Land Registry?
Does it stand in the sole name of the deceased?

Anewhome2016

Hi 

Legal owner is the dec’d
Probate is req’d - worth 610-625k Max
The paying one is able to get mortgage and pay the loan that’s been offered - only 1 executor interested. With my assistance she could buy the property but not at the asking of 700k +
Loan taken out 2015 some money given to non interested executor to purchase a house.
Its not so much about the cost of the bills but 1 person believing they can just live somewhere for absolutely nothing and someone else foots the bill.
I’m thinking of applying a caveat and telling them they can change all the bills to their names and they chase the non-payer or pay half out of their own pockets. 

It will ruin one relationship but at this moment my sibling is suffering.
The non payer is not a nice person in many other ways and that’s putting it mildly!!

getmore4less

It might be time to remind the executors that if they don't price the property realistically and the estate incurs losses they could be personally liable.

Why does the paying person want to stay in the place living with this other person that is not nice?
Why don't they get out and leave it to the non payer to pick up the bills? 

xylophone

Suggest to the Exors that they obtain a market valuation from a RICS qualified surveyor.

Anewhome2016

Tried this - Executors said no - only if offer accepted for full asking price. (Non payer is Mother of 1 executor)

Intend to get a RICS drive by valuation with a view to purchase but definitely not at that price!

xylophone

If you believe that the executors are behaving improperly you might consult a solicitor.
https://www.hcrlaw.com/blog/believe-executor-acting-improperly/

getmore4less

Problem is exec can push back on selling assets for year. 

Might be time to put some pressure on to get started  but could be a long haul

hb2

Anewhome2016 said:

Tried this - Executors said no - only if offer accepted for full asking price. (Non payer is Mother of 1 executor)

Intend to get a RICS drive by valuation with a view to purchase but definitely not at that price!

You could try arguing that prices are going to fall in the future (no-one knows that for sure, but it is a reasonable argument) and that delaying the sale will result in a lower price . . .