How can I find out if an executor renounced their role?

Newly_retired

Thanks Doodling. To clarify a few points, there was no specific mention of the property in A's will. They assumed that it would be sold. Any cash there was in the bank was used for the funeral and other expenses. B, who is on benefits, has no money.  Stalemate.

doodling

Hi,

If B is on benefits, do the relevant authorities know that he has received (or at least is due) two inheritances?  If they dont know and it affects the means testing of any benefits then there will be complete havoc when they find out (having to repay 10 years of benefits might force the house to be sold in any event).

Is there not enough cash in C's estate to pay off D and E? I can see various ways of making that work if there is, closing off A's estate and leaving C"s estate as shares of the house.  It might be possible to make it work if there is just enough cash to pay off E, with D receiving his inheritance from A as a share of the house.  All.of this works by making a cash payment to B as an interim distribution of C's estate (assuming B's share of that estate is big enough) which is then used to allow B to buy a bigger share of the house from A's estate giving that the ability to pay D and  E's bequests (or potentially just E's if D takes a share of the house in lieu of cash).

I still worry what the tax situation will be - there is a real risk that that will end up being the driving force to a solution.  Capital Gains Tax on the increase in value of the house (possibly excluding B's share, you'd need to ask an expert) since probate 10 years ago could be a big chunk of money that would need to be found to settle A's estate.  The only place that can come from is bequests from C's estate with the people in line for that cash accepting a share of the house instead, or the sale of the house.

Of course, if there is anyone who wants to own a larger share of the house and has fresh money to put in to do so then there is a solution even if C's estate doesn't have sufficient cash - it doesn't sound like an attractive investment proposition though!

I still think the house should be sold.

Newly_retired

So do I, doodling!
There may be mileage in what you suggest. Thank you.  I am the only one who is bothering to look into it though.

Savvy_Sue

Newly_retired said:

RAS. B was all packed up and ready to move to rental nine years ago, but wanted to stay local because of the MH support that was by then in place, after a two year wait. But as soon as it was known that rent would be paid from Housing Benefit, properties were withdrawn, apart from rat infested hovels.  So all parties agreed for B to stay put, though the property is too big for their needs. B is still on benefits and has built up a kind of life there. B would not be able to take the initiative to apply for a rental.   C helped out financially and in other ways. Other complications I can’t go into. 

I  have been thinking about this, and I belive 'no DSS' policies have been outlawed in recent years. Not to say landlords welcome such tenants with open arms, but it's a start. See

https://england.shelter.org.uk/housing_advice/private_renting/how_to_find_landlords_who_accept_benefits

And 

https://england.shelter.org.uk/housing_advice/private_renting/how_to_challenge_dss_discrimination

I wonder too if it would be worth approaching a charity such as MIND or Shelter to see if more support - especially around accommodation - can be found.

Newly_retired

Thanks, Savvy Sue. Yes, the law has changed since they first tried to rent. Useful links, thanks.