Selling inherited house

cathychips

Thanks socajam - I’ve been doing that for a while now.  I’ve even got two police reports made against her last year as I feared for my safety.  My husband and I are worn out with this.  He wants me to just let it go and forget about my inheritance - the stress is overwhelming him.  We are reasonably well off, so the money isn’t important.  It’s not what my dad wanted though and I can’t just forget it.

Keep_pedalling

cathychips said:

Thanks socajam - I’ve been doing that for a while now.  I’ve even got two police reports made against her last year as I feared for my safety.  My husband and I are worn out with this.  He wants me to just let it go and forget about my inheritance - the stress is overwhelming him.  We are reasonably well off, so the money isn’t important.  It’s not what my dad wanted though and I can’t just forget it.

In which case I would simply employ a solicitor to deal with it and have no more contact with her.  

xylophone

I’ve even got two police reports made against her last year as I feared for my safety.

Then it would appear that you have evidence of her unsuitability. See link in previous and consult a solicitor expert in contentious probate.

Mickey666

Keep_pedalling said:

cathychips said:

Thank you everyone.  I’ve followed the link to the website about executor duties.  Sounds like a tricky process to have her removed as executor. She is insanely abusive and irrational - not sure how much proof the courts would need to prove that she’s not “mentally capable” of carrying out her duties according to the will.  Legal advice needed I think.

I do not think you need to prove that she is not mentally capable, you already have concrete evidence that she has deliberately acted against the interest of the beneficiaries. 

That would be my approach.  The duty of an executor is to deal with the estate to the benefit of the beneficiaries.  She has clearly and deliberately acted AGAINST the interests of the beneficiaries and the estate will now be worth LESS as a result of the extra costs involved in selling the estate's house.  Remember, the house does not belong to either of you, it belongs to the estate.

Because this seems to be a long runnning dispute, I don't think it will be easy to solve without some external intervention.  If I were in the OP's position I would seek legal advice about how to prevent her from blocking the sale of the house.  I suspect that only the threat of some form of legal action will bring her to her senses, and even if it doesn't then at least it will force a way forward.

Meanwhile, as mentioned above, explain that her actions are costing her money as there must be running costs to maintain the house (insurance etc).  Sadly, it doesn't sound like there is much point appealing to her sense of fair play regarding her father's last wishes etc, so it will have to be some form of legal action, or at least the threat of it.  Good luck.

cathychips

Thank you all.  I’m waiting for a solicitor to call me.  I can’t just let this continue as its having a very detrimental effect on mine and my husbands health.  The point made by Mickey666 is an excellent one - the house belongs to the estate, not us.

Mojisola

If you really don't care about the money, make a deed of variation transferring your share of the estate to a biggish charity who will be well-versed in getting every penny of the inheritance and won't stand for any nonsense from her. 

Flugelhorn

cathychips said:

The point made by Mickey666 is an excellent one - the house belongs to the estate, not us.

Yes that is the thing to remember and you are both responsible for protecting and maximising the value of the estate for the beneficiaries (who happen to be you two in this case, but it may have been others)

Ganga

Is anybody living in the house? is it insured ? if she puts off potential buyers for ever what will happen to the house if left un-occupied ?

cathychips

It’s been empty for a year.  It is insured.  Will be left now until another buyer is found - great, right in the middle of a pandemic/recession.

Mickey666

cathychips said:

It’s been empty for a year.  It is insured.  Will be left now until another buyer is found - great, right in the middle of a pandemic/recession.

Has the insurer been informed the house is empty?  Many policies have a limit on how long a property can be left empty.  Typically 30 days I believe.  Just a thought.