Inheritance matter

[Beechbaby]

I need some solid advice please.
My son is a beneficiary to a fairly modest estate (property). The executor is doing everything possible to delay things (almost 3 years now). She has lied repeatedly, with held information and has now refused an offer on the house despite my son accepting. Solicitor is involved but she ignores his requests. Court costs would be in excess of 20k with no guarantee.
My son has piles of evidence of wrongdoings and yet she carries on.
How on earth can he move forward and insist the offer be accepted? His anxiety is through the roof, as is mine , but she seems to enjoy this.
Help.
Thanks
ReplyReport

I'm afraid the only way he can force things to move forwards is through the courts.

Get an appointment with your local citizens advice. They can advise your son of his rights and might have a solicitor who can write a letter to the othe solicitor for him, and put a rocket under them!

Do you have any insurance policies that include free legal assistance/advice? Home insurance, car insurance or a credit card.

Who is the person refusing to follow probate and what are her reasons.

You don't say what it is that the executor has done, but it does sound as if you think that not acting according to your son's wishes is wrong. That's not necessarily the case. The executor has a duty to act in the best interests of the estate. She may feel she is in a better position to judge what the property could be sold for. She has to protect the interests of all beneficiaries, not just your son.

She is unlikely to comply with his insistence that the offer be accepted and indeed if it's an offer that is significantly under value she would be right to do so.

If this is to be resolved outside the courts, everyone involved needs to have an open and calm discussion about why they've done what they've done, what they really need out of this, and whether there's any way they can all get what they need, or failing that whether they can all get some of what they need. I would be looking at finding someone to facilitate this rather than at finding a way to force her to court.

He has a solicitor, this has been going on almost 3 years

This matter is now entering its third year. She is blocking all routes . The estate agent has confirmed the offer was blocked because the potebuyer is a relative and that the offer is fair and in line e with the current market.

Would my son be able to use this? He does still live at home

@prh47bridge

if they went to court and the executor was found at fault would she pay the costs?

Op

is the executor related to you

Unfortunately it seems that if an executor chooses to do whatever they like then there’s little anyone can do.
My Three siblings and I were executors of our parents’ estates, one sibling refused to sign papers, delayed the proceedings for nearly 3 years and cost the estates thousands of pounds. Absolutely sod all you can do even if you appoint a solicitor.
They also took anything of value from the house so various beneficiaries couldn’t have the bequests and generally behaved in an utterly despicable manner about the whole thing.
It completely tainted memories of our parents and delayed the grieving process for years.
Needless to say I am completely NC now.

It is not true that there is nothing you can do. It depends how determined you are. You can, for example, have an executor removed.

Not all of it , no. We were days from court last May and she backed down , promising to comply. We have all of this in writing, with the solicitors. If anything things have now gotten worse! My son now wishes he had pushed forward with court and is now worried that starting the proceedings again means incurring the repeated costs.

OP this is a matter for his solicitors. Tell him to stop wasting time and crack on with court proceedings.

I think you apply to have an executor removed if you have evidence if wrong doing.
Is the executor also a beneficiary of the will ?

No, they are not a beneficiary but their son is.

How old is her son ? Is she acting as his representative for instance is he a child

14

I assume the house is the only large asset
I wonder if she is trying to wait until her son turns 18
As things stand at the moment if she sells the house and settles the estate she would then have to set up a trust for her son until until he is 18.
There would be extra costs to do this.

It would increase his share by approximately 15000 in interest though