Role of Executor

Sheep2012

I know that none of the advice I get here is legally binding or ought but I am in a really difficult position and I'm looking for any type of advice... from people who don't know me or the situation.

I am currently living in my parents home. The house was sold against my wishes last month by my two sisters via my Uncle, who is the executor. I was initially going to fight it but decided to agree to the sale in the end as I didn't want a big battle.

I got an email from the solicitor of the estate saying that I had to get out of the house on the 20th of April, even though the house hasn't closed at all. I have no issue moving out but when I queried with the solicitor about the key for the house that the executors have (I asked for it back before I moved out) I was told that they will be entering the house when I leave. I think this is really dodgy. One email from the solicitor says that all contents (beds, wardrobes etc) are included in the sale but another email states that the executors will be removing the items from the house after I leave to distribute them between myself and my sisters.

I don't think this is right. My sisters have agreed (I have two witnesses) that I can take whatever I want. Yet now, that seems to have changed.

I am moving to a furnished rented house and my sisters have no need at all for furniture as one lives in England and the other lives in Dublin in a fully furnished house. So basically, I think the executors are either going to give the stuff away or sell it for cheap to people they know.

I don't talk to this Uncle - he is a control freak and I don't trust him to come into the house, unsupervised.

Do I have any rights at all to stay in the house until it closes /until the keys are handed over to the new owner? Can I demand to supervise this uncle and document everything that he is removing from the house (as in witness it all)

Can the executor trespass and come into the house? Solicitor also mentioned that they have to do the meter reading which is bizarre as the ESB and Gas are in my name.

I wonder if anyone has been through something similar / can offer any words of wisdom?

Hogzy

Sheep2012 wrote: »

I am currently living in my parents home. The house was sold against my wishes last month by my two sisters via my Uncle, who is the executor. I was initially going to fight it but decided to agree to the sale in the end as I didn't want a big battle.

Do you have a lease in order to be able to stay in this property? Are you paying any sort of rent or did you contribute in anyway to the purchase of the house? What gives you the opinion that you have a right to challenge the sale of someone elses property?

I got an email from the solicitor of the estate saying that I had to get out of the house on the 20th of April, even though the house hasn't closed at all. I have no issue moving out but when I queried with the solicitor about the key for the house that the executors have (I asked for it back before I moved out) I was told that they will be entering the house when I leave. I think this is really dodgy. One email from the solicitor says that all contents (beds, wardrobes etc) are included in the sale but another email states that the executors will be removing the items from the house after I leave to distribute them between myself and my sisters.

I don't think this is right. My sisters have agreed (I have two witnesses) that I can take whatever I want. Yet now, that seems to have changed

I am moving to a furnished rented house and my sisters have no need at all for furniture as one lives in England and the other lives in Dublin in a fully furnished house. So basically, I think the executors are either going to give the stuff away or sell it for cheap to people they know.

I don't talk to this Uncle - he is a control freak and I don't trust him to come into the house, unsupervised.

.

Do I have any rights at all to stay in the house until it closes /until the keys are handed over to the new owner? Can I demand to supervise this uncle and document everything that he is removing from the house (as in witness it all)

Unless you have a lease or tenancy agreement or you contributed to the purchase of the house then it would appear you have absolutly no rights to reside there. The legal ownership of that house now rests with the executor. Beneficial ownership is with the beneficiaries (you and your siblings)

Can the executor trespass and come into the house? Solicitor also mentioned that they have to do the meter reading which is bizarre as the ESB and Gas are in my name.

Like i said above. The executor is now the legal owner of the property (legal ownership vests upon death of the testator)

I wonder if anyone has been through something similar / can offer any words of wisdom?

This sounds like a fairly standard will. It is the job of the executor to reaslise the testators estate and distribute that estate within the terms of the will. If the will has expressed that the house is to be left to you then of course you have ever right to remain on the property.
If not then its the exectutors right to sell that property and split the proceeds amongst the beneficiaries.

If you wanted you could try agree for the executor to sell the property to you (minus the cost of your beneficial interest).

OP. The executor is perfectly within his rights to do what he is doing. It is no longer your parents home. The executor holds the home 'on trust' for you and your siblings.

Sheep2012

Hogzy wrote: »

Do you have a lease in order to be able to stay in this property? Are you paying any sort of rent or did you contribute in anyway to the purchase of the house? What gives you the opinion that you have a right to challenge the sale of someone elses property?

I never agreed to the sale - we said in writing that we would all agree. The two sisters went against this agreement, went behind my back and sold the house for 60K less than the asking price.


If you wanted you could try agree for the executor to sell the property to you
(minus the cost of your beneficial interest).

Tried this - asked for 8 months to get a deposit together but they rejected it. Thought I would be able to bring furniture and nic nacs that Mum collected over the year but was told that the executor would be coming into the house to clear it once I vacated. Have no clue what he is going to do with the stuff and when I asked, I was told I had no rights to question this.

OP. The executor is perfectly within his rights to do what he is doing. It is no longer your parents home. The executor holds the home 'on trust' for you and your siblings.

I know that now - I should have forced the completion of probate 2 years ago and should have got the house into our names and closed off the executor.

You live and learn.

Thanks for your reply, appreciate it.