Transferring executorship

troyzer

Not sure if this is the right place but here we go.

My partner's father died a decade ago. There's a lot of strife within the family (and a lot of kids). The TL;DR version is that one of the executors doesn't talk to my partner's mother (let's call her Vera) and she's basically been in limbo the last year living in the family home with just my partner and I. Vera is currently trying to sell the house (which she only owns a third of) and using the proceeds to move out of Dublin.

I don't think any of the other siblings are against selling the house (they'd get a pay-day) except the one executor (let's call him Matt) which does talk to Vera. He's dragging his heels the whole way, constantly questioning her need to sell the house etc. We suspect there are ulterior motives for wanting to keep the house in family ownership.

It's a really messy, ugly situation. But executor one (let's call her Imelda) has zero relationship with Vera. And we would never expect her to get involved in the sale of the house. She wants her money and that's it. But Matt is just being so difficult and there are a few pre-sale issues that need to be resolved like some planning retention and stuff like that. Stuff which is going to take a few months and needed to be started yesterday. None of the relevant bodies (real estate agents, county council etc) will deal with Vera and my partner direct. Only the executor, who refuses to get the thumb out. It's an Irish family, there are multiple kids and all of them want to sell except the executor.

TL;DR the executor of a will refuses to sell the house from the will through a combination of laziness and not wanting to actually do it. The other executor isn't an option. Is there some way of getting the lazy executor to delegate responsibility for selling the house to my partner and her mother. Some sort of letter they could wave so that the real estate agents etc. would deal with her instead of waiting for heel dragger to actually do something?

Cheers!

endofrainbow

Is there something called 'the executor's year' ?

 there is an action you can take. This is because, in Ireland, there is a concept called the Executor’s Year. This gives the executor of an estate 12 months to administer the estate, starting from the testator’s date of death. After this, the beneficiaries can query the executor’s actions, asking why further progress has not been made. If the beneficiaries are concerned about the executor’s conduct, a legal challenge can be raised in court.

might this apply in Vera's case?

Peregrinus

1. Does the will direct that the house is to be sold?
2. Who inherits the two-thirds share that Vera does not inherit?
3. What is their attitude to a sale of the house?

Atlantic Dawn

The executor is opening themselves up to legal challenge and being sued, especially if they have not acted to protect the value of the house.

troyzer

https://www.boards.ie/discussion/comment/117670093#Comment_117670093

I don't think anyone wants to go down that road of a legal challenge. I think it's a combination of laziness and reluctance to sell, but he'd probably acquiesce if we were the ones directing the process. We get the sense that he just doesn't want to be in charge of the process, especially when his heart isn't in it. So we'd probably be doing him a favour by taking over. But none of the real estate agents will deal with us, only the executor.

https://www.boards.ie/discussion/comment/117671520#Comment_117671520

1. Not that I'm aware.
2. It's divided between the kids.
3. They all want to sale, except Matt the executor. Who is one of the kids.

https://www.boards.ie/discussion/comment/117671561#Comment_117671561

An argument could be made that waiting until the top of the market to sell would be better. The timing exclusively suits Vera in this case and is the only reason they want to sell now. But trying to pick the top of the market is a mug's game.

troyzer

I should also say that this is a relatively old house with high heating costs etc.

Vera has been paying the property taxes, upgrading the boiler, maintenance etc for the last ten years. It's true that she lived there, but this was agreed with the rest of the family and none of them have so much as offered a penny.

Peregrinus

If the will is in standard form the executors have a duty either to transfer the house to the beneficiaries entitled, jointly in proportion to their entitlements, or to sell the house and transfer the proceeds to the beneficiaries entitled. But they must do one or the other. within a reasonable time

While the executors have the right to choose between transfer of house and sale of house/transfer of proceeds, as executors they have no skin in the game; it makes no difference to them which course is followed. So they will normally make whichever choice the beneficiaries prefer.

It's not the business of the executors to "wait for the top of the market"; it's not their property they are gambling with. If the beneficiaries entitled want the house to be sold, but not yet, then they can ask the executors to do that. But if they don't all ask the executors to do that, the executors have no business forcing a decision of that kind on a beneficiary who doesn't want it.

If the beneficiaries are not in agreement, the executors will normally (a) encourage them to agree; and (b) give them a bit of time to do so. But if the beneficiaries can't or won't agree, there will come a point where the executors don't want to be caught up in the family dispute/paralysis, so they will usually sell the house and distribute the proceeds, or announce that they will do so in (say) two months, if the beneficiaries do not all agree on some other course of action.

These things get a bit more complicated where one or more of the beneficiaries is also an executor. Obviously, they can use their position as executor to prevent the other executors from acting in a way that they, as a beneficiary, do not favour. So if they think the house should not be sold they can ensure that the executors do not sell it. But, really, the key to resolving this is to think of everybody concerned wearing their benefiary hats. If they can all agree on what should be done, then the executors - whether they are the same people or different people - will do it. If they can't, what happens?

What happens is either (a) paralysis or (b) a court application. And the almost certain outcome of a court application in the scenario you describe is an order that the house be sold and the proceeds (after deduction of substantial costs) be divided among those entitled. So that puts those who want the house sold in a strong position.

Those who don't want the house sold should offer to buy out the interest of those who do. That gives everybody what they want, and avoids the delay and expense of court proceedings. But if they can't or won't make that offer, then either they see sense and agree to the sale of the house, or this matter ends up in court. But in that situation it's up to those who want the house sold to go to court.