Help with executors

Warren100uk

Hi all, hope everyone is well.

I need some general advise about mum's will and executors. Story is we cared for mum for 5 years in her home as she had Alzheimer's. Sadly she passed away but in her own home which was her wishes. Mum was kind enough to give us a 2 year right of stay in her home before before being split between 4 people which my wife is one of. Mum's will asked for the solicitor to be executor , however they were bought out and the new solicitor has not taken over the executor role. After 5 years of intense care me and my wife are exhausted and just want the solicitor to do it. We know it will cost but other want to shop around or do it themselves. We are happy for them to shop around but should we allow one of the others to be executor of the will or insist its an other profession body? To be honest we don't care who does it but we are too tired to want to get involved. Thanks

elsien

Other option is to apply for letters of administration yourself, because whoever you get to do it will be coming to you for a lot of information anyway as you were the ones who supported your mother in her final years and has all the relevant information.

But pay a solicitor to do all the bits that you are not wanting to do. Are the other beneficiaries her children as well?

RAS

Sorry for your loss and understand your exhaustion.

Has the executor officially renounced executorship?

If so, any one or more of the beneficiaries can administer the estate (with will). Probably a good idea to have two so if one becomes ill the other can step in. It will be a lot quicker than getting solicitors involved because they usually insist on waiting 6 months after probate to do anything else.

That'd allow the house to go on the market before the 2 year deadline.

Anticipate 6-12 months for probate and another 9-12 months to sell. If you will be using your wife's share to buy, that'll give you time to recover a bit and then look round. Just make sure the EA is clear about the completion date. Once probate is granted, maybe ask the others what happens if you want to move before/shortly after the 2 year deadline?

And all remember that selling and buying houses is very stressful.

Keep_pedalling

As long as this is a straight forward estate and your wife trusts her siblings to administer the estate there is no need to get a solicitor involved. Solicitors are not only expensive they also tend to take a lot longer to administer an estate than a lay executor.

Warren100uk

Hi , thanks for your replies. The relationship between the sisters is not the best and hasn't for years. It especially became strained while caring for mum as people didn't want to help but have an opinion on every thing a distance. They are meeting the solicitor today, the will asked for it to be done by a solicitor, we are happy for it to done by them and know it will cost. We have nothing left to get involved in it but wanted to know if they especially don't have a good relationship is it a good idea for them to do it.

elsien

If they don’t have a good relationship, it probably isn’t going to work.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82040584#Comment_82040584

Having poor relations between siblings is one of the reasons to use a solicitor. Did anyone have financial LPA for your mother?

Warren100uk

Hi , 2 of them had lpa for their mum. Their mum's wishes was formit not to be done by them and a solicitor do it. The property is worth 450k and then split between 4 of them in different parts after the 2 year right the stay. We don't want anything to do with and a solicitor handle it, even if it costs. But one wants to do it to save money. To be honest, after 5 years and watching mum die,.we just don't want to fight. If my wife stepped away and just said do what you want in regards to being or arranging an executor, is it that easy?

RAS

It might be sensible for her to decide what she wants? Is she happy if the sibling who wants to self-administer does so? Does she see any complications with that? Or would she prefer to use the solicitor? Bear in mind who ever gets the admin will be selling the house.

Whatever happens the house needs to be sold by the estate not put into anyone's name(s). And she should insist that the conveyancer pays each sibling directly from the sale, rather than the money going to the administrator.

I assume that you as a couple have now picked up the CT and utility bills? Make sure you take pictures of the meters and get final bills when you move out.

And try and get a holiday?

Warren100uk

Hi RAS, thanks for your reply.After meeting yesterday the main 2 sisters have decided to use COOP to do all the work but they have been advised that all 4 of them sister will remain executors but best if just 2 of them do it. We have a right to stay for 2 years but one sister already wants to put the house up for sale after 16 months so they house is sold at 2 years. My understanding is that she can't do that until the 2 years are up and even if she does we can decline all viewings etc. This sister also wants to arrange general family gatherings at the house but is not considering that it's out home and has been 5 years. Am I correct in saying that apart from allowing access for executor duties we can decline entry if we see fit? Can we change the locks as they have keys? Already this is turning difficult , we don't care about the money from the house and just want quite time to rebuild our life.

RAS

The starting point is that none of the sisters are going to be executors. Because the only person who could appoint executors was mum and she appointed the missing solicitor. Whoever acts now will be administering (with will). It sounds like the Co-op aren't going to be administering the will?

The Co-op have chosen to accept instruction on the basis that all 4 sisters have to sign everything. That's wasn't legally required when Sib and I used a solicitor to administer with will, and the third sibling chose not to have any involvement. Two of us signed everything, which proved to be useful as someone made a mistake that was picked up before it bounced. The third did nothing.

Was that choice is because the Co-op was instructed to require all 4, or do they've a policy requiring it, or have spotted tensions and want to keep everyone close.

We can't see the will, so I'd suggest you get proper advice on the exact wording. Not necessarily from the Coop.

On pragmatic note, I'd suggest you and the missus advise you are burnt out and need a few months of respite. You won't be touching mum's things and will be looking forward to help sorting her stuff etc. I'll assume that the LPAs have access to the all the financial stuff anyway?