Executor delaying property sale

Chrissy65689802 · 1 July 2019 at 11:36AM

Morning everyone,

My father died in February 2018 (mother is 2010), he left a will saying that his property should be sold to pay his debts and the residue be split between his 6 children and £1,000 each for all 10 grandchildren. All good we have about £30,000 debt we have to pay which includes money borrowed for his funeral. One of my brothers has been made Executor along with my sister in law (not his wife). This is fine but executor brother still lives in the house with my oldest brother who is disabled. Executor brother is my oldest brothers carer. They have accepted that the property has to be sold and they have to move out and in April this year both executors put the house on the market. The problem is my brother has (without my sister in laws knowledge) deliberately delayed the house being shown on any websites, in local papers and had the for sale sign hidden from street view. My sister in law found this out from the estate agent and has had it all corrected however the estate agent has said that since we have had only 2 viewings since April we should reduce the value by £6,000 all siblings have agreed including my executor brother but he hasn't allowed it to happen? he has refused according to the estate agent and therefore he is delaying the sale of the house. Executor brother also feels he is the right person to show potential buyers around instead of the estate agents and we feel he is doing this and putting buyers off so he can live in the house longer. We have no buildings insurance on the property and my 2 brothers are living in the house rent free since Feb 2018. They are paying the bills and doing minor repairs if needed but he is not working for tfor all beneficiaries. Is there a way to speed up the process and make him see that this could become a legal matter if he delays the house sale any longer? Luckily the debtors haven't come chasing yet also the money borrowed for funeral costs was from family and friends and needs to be paid back. There is bad blood between the executor brother and the rest of us siblings so communicating with him isn't an option. It is possible to hand the matter to a solicitor to finalise the house sale and if so how much could they charge, none of us have the funds upfront before house sale. Any help would be much appreciated Thanks

Linton · 1 July 2019 at 1:06PM

Executors have a pretty free hand in the details of how they carry out their role. I think your only options are pretty nuclear. Get a solicitors letter sent to him making clear his legal duty and warning of the consequences of him not following that. Next step could be to get him removed as the executor via the courts which would be expensive and stressful for all concerned. Then he and the disabled brother would need to be evicted. Much, much better to make up with him and help him resolve his housing issues.

The building insurance is vital, that must be sorted, perhaps by the sister in law.

Malthusian · 1 July 2019 at 3:14PM

Agreed with all Linton's points. The extent of the deception (getting a For Sale sign removed from Street View?! I didn't even know you could get Google to do that) indicates that the brother is going to drag this out forever if he can.

If it was me I would write the money off and treat the eventual inheritance as a bonus when it eventually arrives years later. It will find its way there eventually, unless the house burns down uninsured. Agreed that the sister in law should sort the buildings insurance out urgently.

If the creditors will eventually force the issue there is no benefit in the OP doubling up on solicitors.

Luckily the debtors haven't come chasing yet also the money borrowed for funeral costs was from family and friends and needs to be paid back.

[Pedantry alert: they are the estate's creditors, the estate is their debtor]

There's nothing lucky about their lassitude. It is lucky for the other beneficiaries that the estate has creditors and unlucky for them that the creditors are dragging their feet. It seems very likely that the brother will carry on living there and telling anyone who wants to view the property that it is infested with man-eating rats and haunted by the ghosts of a 1970s thrash metal band until he is legally forced out.

Presumably, if the creditors are professional lenders and not family members, they will get round to taking legal action eventually, which will force the brother to sell. If the estate had no debts the beneficiaries would have to go to the expense of legal action, otherwise the brothers will likely stay put indefinitely as they would have no reason to do anything else.

The beneficiaries should stay on good terms with the sister in law and ensure through her that the surplus house proceeds are accounted for correctly when it eventually happens.

Chrissy65689802 · 1 July 2019 at 6:20PM

Thanks for your replies much appreciated. The debts are owed for a bank loan and to a previous estate agent that took my Dad to court so will need to be paid. Not sure how long it would take before they chase for their money. Not sure if my brother would tell any of us if the debts were being chased as communication would go the house. My brother is very sneaky and vindictive and will do anything to stay in the property but the debts need to be paid and none of us are in a financial position to pay the debts without getting into more debt. Its a vicious circle. Not sure why my dad chose my brother as an executor as he hated him too! Yes need to insure the property all 6 of us would be responsible am i right?

JGB1955 · 1 July 2019 at 6:28PM

The cost of the insurance comes down to the estate... who holds the purse strings?

Malthusian · 2 July 2019 at 10:32AM

Chrissy65689802 wrote: »

Thanks for your replies much appreciated. The debts are owed for a bank loan and to a previous estate agent that took my Dad to court so will need to be paid. Not sure how long it would take before they chase for their money.

Institutions are rarely in any rush. I really would put your feet up. The bank may sell the loan to a debt collector first of all.

My brother is very sneaky and vindictive and will do anything to stay in the property but the debts need to be paid and none of us are in a financial position to pay the debts without getting into more debt.

There is no reason any of you should be paying the estate's debt.

Not sure why my dad chose my brother as an executor as he hated him too!

Well, if he'd chosen someone else they'd probably feel compelled to take legal action to evict the brothers without waiting for the debt collectors.

If another sibling was executor they'd be between a rock and a hard place - with the other beneficiaries moaning at them for how long it was taking to distribute the estate and the brother moaning at them for turfing their poor disabled brother out onto the street. Personally I think it was a bit of a masterstroke.

If someone else had been appointed executor then they could have started eviction proceedings immediately, as opposed to waiting for the debt collectors to act, but realistically it would still be a long road before the beneficiaries got their money. When it's going to take that long, one year is much the same as another to receive your money in.

With two brothers occupying the house and one of them fully intending to stay there until physically forced out, there was nothing your father could do to make this a quick process. Other than turf the brothers out and change the locks while he was alive.

Yes need to insure the property all 6 of us would be responsible am i right?

Nope, the executors are responsible. The cost is paid by the estate.

Executor delaying property sale

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