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Hello,
I wonder if anyone can help me?
My Father recently died and has left his house to my Sister and I. His will appoints us jointly as both executors and as beneficiaries in an equal capacity. Because I live 4 miles away from my late Fathers address and have been looking after his affairs for several years as his health has declined, I have been in sole charge of organising his funeral and winding up his affairs.
I closed his bank accounts and there was an ISA in his name totalling just under £2000 and an overdraft on his current account of around £90. His funeral cost around £3500 and I have made up the shortfall and paid the full amount to the undertaker, hotel, etc... around £1600.
My Sister and I having no interest in keeping his house had previously agreed to sell the property. I have had several firms of estate agents look at the property and I have had a valuation of between £100K and £115K pending a home report which I cannot get done until confirmation is granted. There is a burden on the house of around £12K with Aviva for a home income plan that my Father took out around a year before he died and I have informed them of his death and have a year from that date to settle with them.
I have spoken to the local Sheriff Court and they have sent me examples of the two forms used in order to obtain confirmation which I intend to fill in and submit to the local court forthwith. In addition I aim to set up an executors account with my bank in order to ensure transparency so that my Sister can be assured that she is getting fully 50% of all that is left of the estate once any financial burden has been settled and my receipted expenses have been paid.
Since then I have been solely responsible for clearing my Fathers home and garden and carrying out repairs and decorating in order to get us the best value when it goes to market. My Sister, although she is an executor has had no involvement as she lives 70 miles away, has no car, and is generally not inclined to help.
Now, when it comes to the crunch, we have fallen out, not over money I hasten to add but over irreconcilable personal differences that go back a long way and she has stated that she will do all she can to block the sale of the property for which I am still paying utility bills, insurance, etc... purely in order to inconvenience me and leave me with a financial burden that I will struggle continue to support. My Sister has alcohol, and associated, problems and has been estranged from the rest of the family for several years and I think my Father had hoped that as joint executors that we could come together and sort this out like grown ups.
Can anyone tell me if she can do this or if I carry on and arrange confirmation, can I sell the house and split the proceeds as long as I document everything and can show that she is getting her fair share.
Thank you in advance in anticipation of your advice
I wonder if anyone can help me?
My Father recently died and has left his house to my Sister and I. His will appoints us jointly as both executors and as beneficiaries in an equal capacity. Because I live 4 miles away from my late Fathers address and have been looking after his affairs for several years as his health has declined, I have been in sole charge of organising his funeral and winding up his affairs.
I closed his bank accounts and there was an ISA in his name totalling just under £2000 and an overdraft on his current account of around £90. His funeral cost around £3500 and I have made up the shortfall and paid the full amount to the undertaker, hotel, etc... around £1600.
My Sister and I having no interest in keeping his house had previously agreed to sell the property. I have had several firms of estate agents look at the property and I have had a valuation of between £100K and £115K pending a home report which I cannot get done until confirmation is granted. There is a burden on the house of around £12K with Aviva for a home income plan that my Father took out around a year before he died and I have informed them of his death and have a year from that date to settle with them.
I have spoken to the local Sheriff Court and they have sent me examples of the two forms used in order to obtain confirmation which I intend to fill in and submit to the local court forthwith. In addition I aim to set up an executors account with my bank in order to ensure transparency so that my Sister can be assured that she is getting fully 50% of all that is left of the estate once any financial burden has been settled and my receipted expenses have been paid.
Since then I have been solely responsible for clearing my Fathers home and garden and carrying out repairs and decorating in order to get us the best value when it goes to market. My Sister, although she is an executor has had no involvement as she lives 70 miles away, has no car, and is generally not inclined to help.
Now, when it comes to the crunch, we have fallen out, not over money I hasten to add but over irreconcilable personal differences that go back a long way and she has stated that she will do all she can to block the sale of the property for which I am still paying utility bills, insurance, etc... purely in order to inconvenience me and leave me with a financial burden that I will struggle continue to support. My Sister has alcohol, and associated, problems and has been estranged from the rest of the family for several years and I think my Father had hoped that as joint executors that we could come together and sort this out like grown ups.
Can anyone tell me if she can do this or if I carry on and arrange confirmation, can I sell the house and split the proceeds as long as I document everything and can show that she is getting her fair share.
Thank you in advance in anticipation of your advice
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