Probate granted. House repairs for sale. Brother idle.

captrico

Probate was recently granted for my mothers house and savings. I am the executor and also the beneficiary. My brother is also named as beneficiary and we both are equal on the will.

I live near the house and my brother lives in the US.  He wants to sell the house.  He wants his 50/50 share and go back to America.    I have been handling everything from since my mother died. Funeral expenses, collecting her ashes, filing death certificates, notifying the appropriate agencies, filing for probate, dealing with banks etc.  So far i have paid for everything from my own savings, and kept receipts. 

My question is, there is a huge amount of work involved with a bungalow that has had 40 years of my parents in it, with all of their goods and personal things.  The house is not suitable for sale as it is, and i have done some roof repairs, tile repairs, painting, carpets. And the task ahead is quite massive.  Im expecting it will take several weeks of work in order to sort it out. It will need a full refurb.  I can do the work myself but i am getting the impression my brother is not planning on pulling up his sleeves to assist with this project and will be expecting his half cut when the place does sell on.  I had discussed briefly in an email that perhaps he should consider the scale of whats in store for me and this should reflect when it comes to settling the estate.  He wasnt keen on the idea saying it should be equal as the will instructed, etc.      

I understand i am entitled to recover my normal expenses that are incurred during the probate period as the executor.  I will do that later on.  But is there any fair way that i can be compensated from the estate for the work that i need to do to get the property in a reasonable selling condition?  Im sure the place will fail a survey if that ever happens, and i know how to do the repairs on the house to avoid that.  There is also the vast amounts of items in the place that either needs selling, boxing up, sorted into boxes, and this is quite a time consuming process.  Im not too thrilled about doing this alone and getting the best price for the place, just to have my brother sticking his hand out when the cash hits the bank.  Hes far from skint and really has no interest in any of the goings on but has indicated he wants his cut.     

Whats the best way i can approach this? As the only executor (he's a power reserved) can i pay him his share minus my time and costs?  Or am i lumbered doing this solo and he gets the fruits of my labour ?  And if i do this and he makes a stink, can it cause legal problems? 

kazwookie

Sorry for your loss.

I would first take the expense money out of the bank to your bank account

Next I would sort out the parents personal effects, clothes, papers, etc etc,

Next empty the house of everything else, keep items you and your brother want, send the rest to auction, local auction house would do this for you, (house clearance) so you don't need to worry, but check their charges and fees first.

Next get the garden tidy, again get a local gardener in as a one off, check charges and be clear what type of work you want.

Don't both to decorate as any buyer with change it to their taste / style.

Next get 3 estate agents around to value with a view to putting it on the market, agree with your brother which estate agent to use and get it sold.

Once all fees / solictor fees have been take, split the money 50 / 50 with your brother.

I wouldn't get your self in to being over lumbered. Tell your brother clearly what is what, but also listen to his point of view.

Tucosalamanca

Solicitor could have handled the probate application. The house can be emptied by a clearance firm and the house sold 'as is'.
You're not being 'lumbered', it's a path that you're choosing to take.
Your brother has a different opinion, his approach is just as valid as yours.

How long to renovate the property, how much will it cost, what will happen to house prices, how much interest lost while funds are tied up in the property, what will rates be at the time of sale?
You want to be compensated for ongoing work, the estate (you and your brother) would basically be employing you at this point.
It's got potential to drag on for months/years, brother probably just wants to draw a line under it all.

Being honest, having handled similar situations in the past and watching others go through the same, I think your brother's attitude is the right one....

captrico

Tucosalamanca said:

Solicitor could have handled the probate application. The house can be emptied by a clearance firm and the house sold 'as is'.
You're not being 'lumbered', it's a path that you're choosing to take.
Your brother has a different opinion, his approach is just as valid as yours.

How long to renovate the property, how much will it cost, what will happen to house prices, how much interest lost while funds are tied up in the property, what will rates be at the time of sale?
You want to be compensated for ongoing work, the estate (you and your brother) would basically be employing you at this point.
It's got potential to drag on for months/years, brother probably just wants to draw a line under it all.

Being honest, having handled similar situations in the past and watching others go through the same, I think your brother's attitude is the right one....

Yes, i suppose it can go one of many ways.  Im just trying to minimize costs, for a better end result.  Sure, easy enough to employ a handful of contractors and spend 30k on renovation/repairs.  Doing the probate myself was £265.  The solicitor would have charged about £5000.  It was not a complex probate. House, Cash.   I guess best just to sell and /or give away to charity.  My brother doesnt seem too engaged in this so best to do what i need for myself and move forward.    I suppose im trying to preserve some dignity for my parents house and remember that it was their home that they loved for many years. 

Robin9

@captrico

I wouldn't bother to do any work on the house -  with .the exception of ensuring it's weatherproof and secure..     Whatever decoration you do the purchaser will want to change. You won't add value by doing work. Let the EA decide on a value taking into account it's condition.

There is enough emotion in sorting paperwork and personal effects.

captrico

Robin9 said:

@captrico

I wouldn't bother to do any work on the house -  with .the exception of ensuring it's weatherproof and secure..     Whatever decoration you do the purchaser will want to change. You won't add value by doing work. Let the EA decide on a value taking into account it's condition.

There is enough emotion in sorting paperwork and personal effects.

Yes, good point.  Definitely needs a good tidy up.  Wallpaper is old and artex ceilings are from the 80s. Who knows, the new owners may knock it down and build new. Its on a lovely established lot , trees, lots of plants, no neighbours and great views of the welsh hills.  The house is the 70's concrete build bungalow.  Willoway i think,  Location is a selling point i think. House, not so modern or traditional.   

Tucosalamanca

captrico said:

I suppose im trying to preserve some dignity for my parents house and remember that it was their home that they loved for many years. 

And that is possibly the crux of the matter. Different people, different attitudes and expectations.
I hope it works out for you all...

BooJewels

I'd echo what others have said - having done 2 family homes recently.  Both were dated and in serious need of modernisation - one worse than the other - that one was also packed to the rafters with junk.

I was advised here to sell them as 'honest' - the buyer will almost certainly rip out anything you've done anyway.  The worse one of ours is in the process of being almost rebuilt, about 4 times larger than it was - it's barely recognisable and the other looks similar from the outside but has been remodelled extensively inside. 

Go through their possessions to keep personal items such as photos and things of sentimental value or that you want to retain (for your brother too) and then get in a house clearance company - my biggest regret was not doing that sooner.  My sister and I felt like you do - obligated to do a good job out of respect to our parents - but ultimately that just gets you down and is emotionally and physically exhausting.  You're already doing that and they wouldn't thank you for exhausting yourself in trying to do more.  Get the job done as expediently as possible.  I still wake in the night occasionally, in a cold sweat, thinking that I still have the task to finish.

If circumstances are forcing you to undertake the task alone, don't make it harder than it needs to be.  You can't claim from the estate for your time, but if you've taken a day off and have been working at the property all day, I see it as perfectly fair to take the price of a takeaway from estate funds.  If your brother has a problem with that, tell him to get himself over to help out - no one can understand how hard this task is until they've done it.

Newly_retired

I was in a similar position with my parents’ house, although I did have some help from family with clearing household items. After that I got house clearance people in. We sold the house as a doer-uper. It needed new windows, electrics, central heating as well as redecorating. Easy to sell. Plenty of people want such houses so they can to it to their own taste/ budget/ requirements.  OK so we would have got more for it if we had renovated it first, but did not want the hassle while working full time with young families etc.

Savvy_Sue

A professional can charge for their time - so if the executor is a solicitor then they charge for their time, but if it's a lay executor they can't. 

I am not sure what the position is if you're a professional in the building trade, and want to be paid for your time doing up the bungalow, but honestly, it's probably not worth doing anything. And if you're not a professional, you can't charge for your time. You say it wouldn't pass a survey, but it may not need to: and if someone wants to buy it and knock it down, then they will, I'm afraid, have no regard to the dignity of the house. 

And yes, yes, YES to a house clearance company. If you're concerned you might miss something, then maybe consider using a professional declutterer / organiser first, but all the while the house is sitting empty, deteriorating. 

poseidon1

captrico said:

Robin9 said:

@captrico

I wouldn't bother to do any work on the house -  with .the exception of ensuring it's weatherproof and secure..     Whatever decoration you do the purchaser will want to change. You won't add value by doing work. Let the EA decide on a value taking into account it's condition.

There is enough emotion in sorting paperwork and personal effects.

Yes, good point.  Definitely needs a good tidy up.  Wallpaper is old and artex ceilings are from the 80s. Who knows, the new owners may knock it down and build new. Its on a lovely established lot , trees, lots of plants, no neighbours and great views of the welsh hills.  The house is the 70w concrete build bungalow.  Willoway i think,  Location is a selling point i think. House, not so modern or traditional.   

If the plot is large enough, don't overlook the potential for a higher sale price as a development plot. 
Might make sense to explore the possibility of a larger property on the site or even more than one dwelling. 

Selling it with relevant planning permission could greatly increase the return for you both, even allowing for capital gains tax.