Delay receiving inheritance due to one executor - how to manage

[Smurhee]

At a bit of a loss how to sort a situation.

Three siblings were left a property jointly in a will and all three are executors of said will.

One sibling wants to buy out the other two and this has been agreed, and a price to buy out offered and accepted. The one who wants to buy is, as far as anyone knows, living in the property and has been for a while on and off on a caretaker basis. It is full of their furniture and belongings.

This sibling in residence is dragging their feet over engaging a solicitor. They will have to provide proof of funds to buy the property so the other two cannot do it. So one sibling has the money to buy and also possession of the house, a lovely position to be in. They say they expect the estate to fund maintenance of the property until and if the sale goes through.

It has now been five months since probate was granted and there is no sign of any transfer. The sibling who wants to buy is in poor health and is undergoing treatment, and this is given as the reason it is taking so long. The other two don’t agree this should be a barrier to putting the sale into hands of the solicitors.

Is there anything the two siblings who have neither access to the property nor payment for their shares can do to hasten the finalisation of the sale? It’s been a year since the owner passed away and left the property.

TLDR: One sibling continues to benefit from living in a bequeathed property whilst having the costs being borne by the estate, while the other two have received nothing. What can be done?

So you have been left the property not a share of the proceeds of sale?

As joint owners you have a right to enter & live in the property

It’s not me, it’s a dear friend of mine. And yes, their father had advanced dementia and made his will years ago leaving his estate equally to his three children. But thanks for your comment, I felt pretty sure they own the property equally. The three sibs live many miles apart so it’s not easy to just move in. And her two brothers have always been a bit dodgy, even when we were kids!

Surely you just force a sale.

I think the other two siblings can insist on putting the property up for sale on the open market. If the other sibling wants to buy it he can, but he needs to cough up the money before someone else offers.

The problem is it is full to the brim with one sibling’s stuff, and he is indicating that maintenance needs to be done to make the property saleable. But yes, I think his hand should be forced to either put his money where his mouth is, or move out.

Can’t imagine how she’d force a sale though.

I'd give them a deadline to either start the process or vacate and start the process of repair and sale. If it's in a bad state an auction may be a better option than doing the work.

Could the other two start charging him rent for their share of the property? That might help focus his mind..

This is quite a common scenario they need to get proper legal advice.

Forcing the sale could cost you 30 grand easily and whilst you might get costs awarded against the other two siblings that would come out out of the house sale proceedings. That would probably be the end of any relationship.

Although I sympathise with the illness, the other two should make it clear that the estate will not pay for the upkeep of the property. If a valuation was sought, it was valued as seen at the time. If any “upkeep” is completed, a new valuation should be sought as the property will be in a better condition.

tell them that if they don’t finalise the property sale by the end of the month then it’s gonna go on the market because it’s gone on long enough and the estate will not provide any funds for any work unless deemed essential because you and the other person just been taking a mug and being taken for a ride.

Sorry, my response was not in response to John of Wessex. Not sure what happened there

How much other assets are in the estate?

This is an interesting point as apparently the valuation was the probate valuation. As time goes on, the valuation may be different.

The sibling has been living there for well over a year in a ‘caretaker ’ role so the property is in good nick. He has been hoping to live there for years. The maintenance now needed is summer stuff like jet washing the drive, cutting the hedges - this is what he thinks should be paid for out of the estate rather than his own pocket. He’s always had a sharp eye for a quick buck.

It may be possible to get a court order to sell it. With some luck, just mentioning that possibility might push the sibling to get a move on. If not, the other siblings can approach a solicitor to start the process.

As someone else said, taking it to court may damage the sibling relationship. But the sibling in the property doesn't seem to care what damage his actions are already causing.