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I am sole executor and trustee on my father's will. The will is straightforward and the standard and all special provisions of the 2nd edition of the STEP apply. The trustee must hold his estate on trust. I am allowed to sell all or any asset and it is his wish that his home be sold. The resulting Trust fund after all other costs are taken in to account is to be divided between his three children. Up to this point all looks rosy but the situation is as follows:
1. My brother was living with my father and is not in a position to move out at the moment due to no employment and waiting for benefits to come through. I do not have an issue with him remaining in the property for the time being and paying the bills which should be possible once his benefits or a job come along. My father was solely liable for the council tax and now my brother wants to take on this responsibility along with the utility bills and clearly will declare himself as sole occupier.
2. My sister has been using my father's address for many years as her fixed address but does not live here, and has no other address. She has managed to get herself on the electoral roll at my father's address.
I don't think my father fully understood the implications of my sister's actions eg obtaining insurance etc using this address. My brother and I want nothing to do with her activities. I have contacted her telling her that I needed to advise the council that dad has passed away and she might be taken off the electoral roll as they will probably cross reference the council tax with the electoral roll especially as my brother will be sole occupier. This has lead to all manner of accusations thrown at me about ruining her life. The last message I had from her two days ago told me, that if she had to, she would just move back in (she hasn't lived here for over 20 years) until the house was sold and that I could do nothing about it. I have not replied as I do not want to be dragged into a conversation where I am not sure of my position and say something I shouldn't but I have not heard from her since either.
If my sister were reasonable then as with my brother it would be something I would be willing to consider but the relationship has broken down over the years and I do not trust her to look after the property, co-operate when the viewings start for the sale, pay her part of the bills with any regularity or pay any heed to anything I say to her or ask her to do.
I feel like I am between a rock and a hard place, whatever I do will hurt one sibling and that is not my intention but I feel my sister really needs to take responsibility for her life.
Now that the background is set out I have quite a few questions but the most pressing is regarding keeping her out of the property. My sister can turn up at any moment and usually itsin the middle of the night. As the executor can I change the locks to keep her out and still allow my brother to continue living here as long as he pays the bills? My actions will worsen the situation with my sister but I do not feel I have many alternatives.
Last night I did change the lock on the front door just incase she turned up in the middle of the night and it can easily be changed back to the original one but the anxiety about whether I am allowed to do it is really affecting me.
1. My brother was living with my father and is not in a position to move out at the moment due to no employment and waiting for benefits to come through. I do not have an issue with him remaining in the property for the time being and paying the bills which should be possible once his benefits or a job come along. My father was solely liable for the council tax and now my brother wants to take on this responsibility along with the utility bills and clearly will declare himself as sole occupier.
2. My sister has been using my father's address for many years as her fixed address but does not live here, and has no other address. She has managed to get herself on the electoral roll at my father's address.
I don't think my father fully understood the implications of my sister's actions eg obtaining insurance etc using this address. My brother and I want nothing to do with her activities. I have contacted her telling her that I needed to advise the council that dad has passed away and she might be taken off the electoral roll as they will probably cross reference the council tax with the electoral roll especially as my brother will be sole occupier. This has lead to all manner of accusations thrown at me about ruining her life. The last message I had from her two days ago told me, that if she had to, she would just move back in (she hasn't lived here for over 20 years) until the house was sold and that I could do nothing about it. I have not replied as I do not want to be dragged into a conversation where I am not sure of my position and say something I shouldn't but I have not heard from her since either.
If my sister were reasonable then as with my brother it would be something I would be willing to consider but the relationship has broken down over the years and I do not trust her to look after the property, co-operate when the viewings start for the sale, pay her part of the bills with any regularity or pay any heed to anything I say to her or ask her to do.
I feel like I am between a rock and a hard place, whatever I do will hurt one sibling and that is not my intention but I feel my sister really needs to take responsibility for her life.
Now that the background is set out I have quite a few questions but the most pressing is regarding keeping her out of the property. My sister can turn up at any moment and usually itsin the middle of the night. As the executor can I change the locks to keep her out and still allow my brother to continue living here as long as he pays the bills? My actions will worsen the situation with my sister but I do not feel I have many alternatives.
Last night I did change the lock on the front door just incase she turned up in the middle of the night and it can easily be changed back to the original one but the anxiety about whether I am allowed to do it is really affecting me.
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