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How can I get this house sold and beneficiaries paid out?

8 replies

ShadowyAlpaca · 26/10/2023 13:45

Ddad died 6 years' ago and in his will left everything including the house to 3 grandchildren - 2 are my DC, the other my nephew. They're now over 18.

The executor of the will is my sister. The will said she could stay in the house for a year and then sell the house and the proceeds go to the grandchildren. This didn't happen, she lived in the house rent free until a year or so ago then she moved into assisted living for mental health reasons.

She also cancelled the cleaner the day after my Ddad died. She doesn't clean, never has, she sees it as beneath her so the house is extremely dirty with thousands of spiders in residence. The garden no longer has a lawn, the brambles have taken over, sometimes they find a gap and spread into the house. The brambles have pushed all the fences down. The house is pretty much derelict.

What can I do to help my DC and DN get their inheritance?

Probate has gone through so, as I understand it, it would be difficult to change executor?

Would the solicitor my sister used be able to help in any way if we paid for an appointment? Or would confidentiality mean she couldn't speak to us?

Houses on the street go for around £500k. In it's now derelict state it's probably not worth more than £300k at auction but it would still be a decent amount of money to set the DC and DN up.

Is there anything I can do before the house falls down this winter?

OP posts:
saraclara · 26/10/2023 13:48

Can I ask why he made her the executor, and not you/both of you? I'm not sure if it has any relevance, but it seems odd.

But yes, the fact that she didn't move out as directed by him, is awful, and extremely frustrating for you I imagine.

Bromptotoo · 26/10/2023 13:51

I was about to post links about an executor unable, unwilling or incapable.

Are you able to say which of those might apply?

PowerPointPenelope · 26/10/2023 13:51

I believe you will have to make an application to court and evidence your sister is not performing her executor duties correctly.

May be worth seeking legal advice as the bar is quite high.

ShadowyAlpaca · 26/10/2023 13:56

@saraclara Many thanks for the link, I'll take a look at that.

It's a complicated situation. There was serious child abuse of my DN in the house when they were all living there. The police removed him and they only got supervised access, which they didn't bother with.

I witnessed some of the abuse. As a result after the child was safe I stayed away from both of them and the house, never went back until recently. So I guess we were pretty much estranged and that was the reason I wasn't also the executor.

OP posts:
ShadowyAlpaca · 26/10/2023 13:59

PowerPointPenelope · 26/10/2023 13:51

I believe you will have to make an application to court and evidence your sister is not performing her executor duties correctly.

May be worth seeking legal advice as the bar is quite high.

That's the thing, I don't have a lot of money to finance court and solicitors costs. Maybe a visit to a solicitor for advice but nothing much beyond that.

My DC and DN don't seem interested in pursuing it either but I think they're as lost as I am.

OP posts:
ShadowyAlpaca · 26/10/2023 14:01

Bromptotoo · 26/10/2023 13:51

I was about to post links about an executor unable, unwilling or incapable.

Are you able to say which of those might apply?

At times probably all three. At other times my sister can be very coherent and appear to be completely healthy. She has psychosis. That makes things even more impossible to deal with I guess.

OP posts:
PowerPointPenelope · 26/10/2023 14:12

Potentially the beneficiaries could agree to pay the fees out of some of the proceeds of sale? Not sure how that would work but it's maybe an option to discuss with solicitors. Probably depends on how strong they feel the case is.

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