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Sale of property left in will

37 replies

SugarPlumRoar · 14/07/2018 23:43

My a relative of my DH passed away a number of months ago and my DH mother was left a share of thr property in their will. However as she passed away several years ago ny DH has inherited this share.

Its taken us by suprise as the death was unexpected as was his DM being in the will as the family relationship broke down many years ago.

DH was told via his father about the will from another family member but other than they closed ranks and wouldn't communicate.

Its now transpired the property has been sold, however its been sold for over 50k less than it was valued at and being advertised for. DH has only found this out as a cheque has been sent to his DF house saying this is his share after the fees for funeral, estate agent and paying a family memeber to clean the house.

My query is should the house have been sold that much under the valuation? Is the executor of the estate allowed to do as they wish with the sale without getting consent from those whom have inherited?
DH has queried it and has been told he isn't entitled to see any documents relating to the sale.

OP posts:
ArnoldBee · 08/09/2018 18:23

Just going back to the beginning...the executor has to pay any debts and funeral costs before the money is paid to any beneficiaries so you need to know:
Funeral costs
Any debt amount
Any legal costs associated with the sale
Any costs the executor can claim for their role
Any solicitors costs in winding up the estate

Then you can consider if you've been given the correct amount.

FrayedHem · 08/09/2018 18:54

Could there have been a mortgage/loan/equity release on the property?

bimbobaggins · 08/09/2018 18:55

Well if the executor has told the op that the house sold for £48 k and it actually sold for £98k I would consider that she hasn’t been given the right amount, regardless of the other associated costs

SugarPlumRoar · 08/09/2018 19:34

It was actually B's granddaughter who cleaned the house (also the executors daughter)
There was a funeral plan in place, however it didn't cover all expenses but this wouldn't have amounted to 10s of thousands.

I rather sneakily called the estate agent who marketed the house asked about fees etc, marketing fee is £340 and commission is 1% of sale price so again not going into several thousands of pounds.

In terms of mortgage FIL is adamant that the house was paid off decades ago as it was bought under right to buy for buttons and he recalls the conversation about being mortgage free.

In terms of debt. The executor claimed there was debt but wouldn't provide details. DH uncle was a fairly simple man who didn't lead an extravagant life, he was pretty thrifty and lived alone and didnt own a car or go on holidays etc ao I cant say for sure but if there was debt I don't think it would amount to 50k. He had a decent pension that kept him comfortable.

They haven't spoken to us since we tried to question how much had been spent on things. There was a suggestion made to FIL of wouldn't it be nice to give B's granddaughter 1k from each beneficiary for cleaning, FIL shot it down and said they would have to get consent from DH as he's the beneficiary not FIL. They didn't approach DH and have refused to disclose how much has been spent on anything.

The money is one thing but it really stings that they would do this as previously we would never have thought them capable particularly as they all inherited money from DMIL when she passed as she wanted to see her siblings taken care of

OP posts:
bimbobaggins · 08/09/2018 19:39

This reply has been deleted

Message withdrawn at poster's request.

Joe66 · 08/09/2018 22:04

This is dreadful and possibly a a breach of the trustees fiduciary duty. You can make an application to the probate court for inventory and account from the executor. This is not difficult to do and the likelihood is, from the minimal information you have given, this would be successful. The application can be completed by you and supported by a witness statement. I'm not sure of the fee, but if you contact your local probate office they may be able to help you by telling you which form you need. Once you have a copy of the accounts thos will either set your mind at rest or confirm your suspicions. You can then commence an action for breach of trust. Hope that helps.

Joe66 · 08/09/2018 22:05

Presumably you have asked for a copy of the inventory and accounts and this has been refused? See above for next step.

LeroyJenkins · 09/09/2018 16:59

There was a suggestion made to FIL of wouldn't it be nice to give B's granddaughter 1k from each beneficiary for cleaning,

WTF? I'll have to start cleaning houses for a living!

SugarPlumRoar · 10/09/2018 00:01

We've asked for accounts and inventory and it's been met with silence. DH wants to now send a letter asking for it to give them one last chance. He's having a hard time believing they would do this.

Leroy that was our response when FIL told us. We had said we wouldn't mind giving something but 4k for a house clearance is taking the piss particularly as we didn't ask them to do it nor were we asked if we could or would help clear the house we were only told about it via FIL once it was done

OP posts:
CornishMaid1 · 10/09/2018 08:56

Firstly, they cannot give her £1k from each person for cleaning. That is not a reasonable expense and is trying to get in a legacy by the back door.

Send them a letter (post and recorded so you can prove they got it) saying that you require a copy of the Will, an inventory of all the assets and debts of the estate and a copy of the estate accounts within 14 days and that if they do not you will make an application to Court.

Whether you then do is up to you, but that is disgusting behaviour. Yes it is lovely that you have some money, but they are stealing from you.

FrayedHem · 10/09/2018 13:58

It does sound very shady. I think CornishMaid1's post is a good one and I'd be tempted to do that and see what happens.

Rebecca36 · 12/09/2018 11:56

Not unusual for a house of a deceased person to be sold for considerably less than market value, solicitors and executors don't care that much anyway. Usually means a quick sale as it was unoccupied.

Just be glad your husband has come into some money especially as it was unexpected. It's lovely!

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