Awkward inheritor

Keep_pedalling

Jeff_E said:

Keep_pedalling said:

Jeff_E said:

Keep_pedalling said:

She does not have a choice the estate has to go to probate. She can either renounce her executor powers or hold them in reserve, either option will allow you to get on with probate.

You need to make it clear to her that if she refuses to do either of those things you will have no choice but to take legal action to have her removed as an executor. This will be expensive and cost her a significant portion of her inheritance.

What is the value of the estate, and how much of that is made up of the house? If there are significant other assets that would allow you to take your inheritance in cash and hers with the house that might provide the way forward.

I have to agree your father made a terrible mistake making you joint executors, a solicitor would probable have been a better option.

Thanks Keep_pedalling,

So it looks like I'd still need to take legal action to get things moving if she refuses to renounce/reserve her executor powers. If I won the case, would she need to pay my expenses, do you think?

Well, I don't want to say about the exact value of the estate, but I'd say the house is worth more than the rest of the assets, but there's probably not much in it.

The split option sounds interesting. It's possible she might be open to the idea, as it would settle things and leave her in the same situation as she is now. Would it require a contract between me and her?

Thanks.

If there is little in it then perhaps the best thing to do is suggest to her that she keeps the house and you get everything else with the split. Even if you lose out by a small amount, you will probably be better off than building up large legal bills that would come out of the estate.

if she agreed to that you still need to complete probate.

So can I just check. If I won the potential future legal battle with her, would my legal bill be paid by her side, or would I still have to still cover all my own fees? Or can the judge make that a separate decision to the ruling?

Thanks.

In the event a court removed her you would be acting for the estate so your costs would come from the estate unless a judge awarded costs against her. Her costs would be hers alone. 

Do you have any mutual friends or family who could intercede to prevent it going that far?