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Excuator won't sell house

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    #32
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    You should walk away and buy something with no emotional attachment to the others.


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    #33
    Peregrinus
    Registered Users Posts: 26,195 ✭✭✭✭Peregrinus


    Sarah134 wrote: »
    I agree entirely with this but I would like my mother to get her money as it's been 1.5 years waiting.

    I'm not upset if I didn't get the house just that it's been dragging on too long. This is a reason to show incentive to buy. I'm renting and saving with no help.
    Have the executors retained a solicitor to advise/assist in the administration of the estate?

    If so, your mother should visit that solicitor to discuss her concern that (a) the administration of the estate is being delayed, and (b) someone is living rent-free on the estate property. Your mother can be concerned about this both (a) because she, as a beneficiary, is prejudiced by this, and (b) because other beneficiaries are prejudiced by this and she, as an executor, may liable to them.


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    #34
    Sarah134
    Registered Users Posts: 30 ✭Sarah134


    Peregrinus wrote: »
    Have the executors retained a solicitor to advise/assist in the administration of the estate?

    If so, your mother should visit that solicitor to discuss her concern that (a) the administration of the estate is being delayed, and (b) someone is living rent-free on the estate property. Your mother can be concerned about this both (a) because she, as a beneficiary, is prejudiced by this, and (b) because other beneficiaries are prejudiced by this and she, as an executor, may liable to them.

    It was agreed to sell the house after 1 year and to allow the daughter living there to raise the capital to buy the house. It's now coming to 2 years and nothing has happened.

    Advise will be sought today on the matter.


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    #35
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,661 Mod ✭✭✭✭Henry Ford III


    I'd request that the excavator not dig too deep.


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    #36
    Zulu
    Registered Users Posts: 10,965 ✭✭✭✭Zulu


    Peregrinus wrote: »
    Even if you do succeed in buying the house there is a high risk of lingering bad feeling and resentment from family members who feel that your cousin was unfairly excluded from an opportunity to make an offer to buy herself.

    You are better off buying a house with a less complicated history, and less emotional baggage.
    Exactly this. Depending on the personalities (and sensitivities) of those involved this could quickly spiral and this house could become the source of resentment for as long as "the wrong" family member lives there.


    To be honest, I'd be avoiding that house now like the plague.


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    #37
    Spook_ie
    Registered Users Posts: 10,896 ✭✭✭✭Spook_ie


    Sarah134 wrote: »
    Hi,

    My grandfather passed and I'm looking to purchase the house. The problem is that another family member is living there rent free to save for a mortgage. The family member is related to the excuator of the will. There's 3 party's involved. 2 excuators and one beneficiary. I've 2/3 approval to purchase but as its the excuators say, they can't sell it to me. It's almost a year since the passing had occurred.

    The point was to keep the house in the family.

    Any help here.
    Sarah134 wrote: »
    It was agreed to sell the house after 1 year and to allow the daughter living there to raise the capital to buy the house. It's now coming to 2 years and nothing has happened.

    Advise will be sought today on the matter.

    It would be an idea to write down a timeline of things, I think there is a legal time limit for the executors of a will to actually get things done by, another question would be of the will itself and if the executors are joint executors or all able to act independently of each other.
    When making a will, you are free to appoint anyone you wish to act as your executor provided they are an adult and of sound mind. In this regard, you can appoint a relative, a beneficiary under your will, a solicitor or even a bank or professional trustee - the choice is yours. It is also possible to appoint more than one person to act as your executor. Where more than one executor is appointed, these co-executors can act separately (each one with full authority to act on behalf of your estate) or they can be required under the terms of your will to act jointly in which case both executors (or all executors, if there are more than two) must agree to a course of action before taking that action.


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    #38
    Peregrinus
    Registered Users Posts: 26,195 ✭✭✭✭Peregrinus


    lawred2 wrote: »
    What's an exuavator? It's been used a number of times in thread by a number of different people. Initially I presumed a misspelling of executor but obviously that's not the case..
    That is the case. It's a typo in the thread title, and I don't think you can edit thread titles.


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    #39
    Ginger83
    Registered Users Posts: 3,469 ✭✭✭Ginger83


    Any update?


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