Two Administrators disagreeing ??

Hammy21

Hi there,

I am an administrator along with my sister for my late sister's estate (she died intestate). We have received offers at the asking price on my late sister's house, but my living sister (the other administrator) wants to sell the house to her daughter below the asking price. I have told my sister that I will not sign any sales contract unless the house is sold at the asking price as we have numerous beneficiaries we must please and it is technically stealing from the estate for her to do this.

However, She went ahead and accepted her daughter's reduced offer (via estate agent), but I have said that I will not sign any transfer of deeds unless her daughter agrees to pay full asking price. 

What are my rights here......can my sister do this? Will she be able to sign over the house herself or will the solicitor request both mine and her signatures as we are both administrators?

Is it possible to remove my sister as an administrator....or is this very costly, I do not want the estate to spend money on a court case. 

Savvy_Sue

Removing an administrator is likely to be costly and very time consuming (it certainly would be if there was a will and you were joint executors, and I can't imagine this process is any different). 

Did you both sign up with the estate agent, or did only one of you instruct them? If both, I feel that the agent should NOT accept a sole instruction to sell, but it would definitely be worth ensuring that the estate agent is aware that you will NOT agree to sale at that price. 

Ditto with the conveyancing solicitor. 

But ... how much is the difference? There's sometimes a gap between the offer that is accepted, and the actual sale price - the survey comes back and x, y and z are noted, so the buyer asks for a reduced price. 

I agree your sister is not behaving well, but a level of pragmatism is sometimes required. 

Hoenir

Hammy21 said:

 as we have numerous beneficiaries we must please 

As executors of the estate you have a legal duty to act in the best interests of all the beneficiaries. Failure to do so could potentially result in a personal liability. Would you sister forego a % of her own inheritance to make up the shortfall. 

Keep_pedalling

It is nothing to do with your rights but your responsibility (and your sister) is to the be beneficiaries so you are right to block this self dealing.

LightFlare

Hoenir said:

Hammy21 said:

 as we have numerous beneficiaries we must please 

As executors of the estate you have a legal duty to act in the best interests of all the beneficiaries. Failure to do so could potentially result in a personal liability. Would you sister forego a % of her own inheritance to make up the shortfall. 

That would be my stance - if the sister wants her daughter to benefit from a reduced house price, then the difference comes out of her share of the estate

tls123

Presumably the estate agent valued? it have you had any offers around the asking price? Accepting a reduced offer  to benefit her daughter leaves the estate open to questions by other beneficiaries. That is why many families market and sell to third parties without the emotional attachments/ conflicts of interest. It doesn’t bode well if she accepted the offer without consulting you. 

kipsterno1

Having read your other post it suggested that your brothers children also wanted to buy the house at a reduced price and that was rejected. This will surely raise some questions.

Hammy21

Hi All,

Yes, three family members wanted to purchase the house, two below asking price and one at asking price. So I assumed the estate agent and my sister would accept the asking price, which is what I did. However my sister went behind my back and instructed the estate agent to sell to her daughter at a price below asking price. The estate agent then instructed our solicitor to proceed. I have today stopped the solicitor from proceeding until her daughter agrees asking price. 

What my worry and my question is......would my sister be able to transfer over the deeds without my signature. We are both administrators of the estate. 

I would have asked my solicitor today but it was his secratary I was talking to and did not want her to know of any family quarrels. 

Hoenir

Hammy21 said:

What my worry and my question is......would my sister be able to transfer over the deeds without my signature. We are both administrators of the estate. 

No. All parties must sign. 

Keep_pedalling

You may find the solicitor withdraws their services if this continues.