Probate granted but executor not doing anything towards administration.

[Lutontown]

Probate finally granted , 30 months after my Mothers passing . Executor refusing to provide accounts or any details of the administration . She is living in the property of the estate .I believe she is refusing to act so preventing sale of the property ,which would allow distribution of assets .Solicitor has sent a claim against her , asking for that she step down so a new executor can be appointed . She has not replied to any of his requests for information on what steps are being taken to complete the administration . What happens next ? she has another 14 days to respond . .

[echat11]

i Lutontown

Welcome to LB

If she won't step down by 'mutual consent', you can apply to the Court to remove the executor as a last resort.

[PallasAthena]

So someone has instructed a solicitor to issue a claim against the Executor. Is that you? By "issue a claim" do you mean formal legal proceedings have started?

If the solicitor is acting for you they are better placed to advise you than this forum. They should know the full background.

[Lutontown]

HI , Yes ,but at a cost .I hoping that if she does not respond, it would be fairly straight forward ,and a court would see that she is not willing to do her duty as a executor . Might be a struggle to get her to move out , but at least I can get access to bank records to see if any wrong doing has gone on ie misuse of estate funds . I am I correct in thinking agreement should have been obtained from all beneficiaries to allow her son to stay in the property . As far as I know he has paid nothing in rent .

[Pezza54]

Hopefully the solicitor's letter will persuade the executor to act quicker administering the estate.
If the letter fails to work, court action to remove the executor may not be straightforward if the executor has intermeddled in the estate
Please read the article "Removal of executor after Probate has been granted" at www.nelsonslaw.co.uk
You stated the solicitor has asked the executor to step down. If this person is sole executor, and steps down or is removed by the Court, a substitute executor will have to be appointed.
Be aware that if the solicitor applies to Probate to be replacement executor following approval by the beneficiaries, or is appointed by the court, they are entitled to charge for the service of administering the estate.
So the estate value could be reduced by not only legal costs to remove the executor but also the solicitor's executor fees

[Lutontown]

Yes I realize there will be cost involved ,but it can not be allowed to carry on as it is . If she agrees then it should be a reasonable cost . At present I am technically owner of a third share of a property that I am denied access to. And receiving no rental income from , yet I and my brother are both in rented accommodation and in receipt of housing benefit that can not be right . .

[Pezza54]

Housing benefit is being replaced by Universal Credit. You and your brother may be entitled to legal aid. Let the solicitor know if you haven't already done so.

[Lutontown]

Can anyone tell me if the Executor should gain permission from the beneficiaries to allow their non dependent son to leave in the property of the estate ?

[Pezza54]

I don't think permission is relevant in this case.
The executor should follow the terms in the will and sell the property so the assets can be distributed to the beneficiaries.
The executor is abusing her position by not selling the house and living in it with her son.
If a new executor is appointed, they may need a court order to evict the substituted executor and her son

[atticus]

Probate finally granted , 30 months after my Mothers passing . Executor refusing to provide accounts or any details of the administration . She is living in the property of the estate .I believe she is refusing to act so preventing sale of the property ,which would allow distribution of assets .Solicitor has sent a claim against her , asking for that she step down so a new executor can be appointed . She has not replied to any of his requests for information on what steps are being taken to complete the administration . What happens next ? she has another 14 days to respond . .

You have a solicitor. What does she or he advise? You must surely have agreed a plan when the letter was sent.

[Lutontown]

Well as you know solicitors charge the earth , wont confirm the day of the week without charging you . So really hoping to get a few pointers here. He sent 3 letters previously with no response . So they now have another 14 days to reply and explain what steps if any she has taken since grant of probate . She tried to get Will changed before my mum died , but although Mum had dementia she was still strong willed and did not sign it . I believe she has misused estate funds to maintain her self .

[Pezza54]

If the solicitor sent 3 letters without reply what makes him think he is going to get a reply to the 4th?

[Lutontown]

If the solicitor sent 3 letters without reply what makes him think he is going to get a reply to the 4th?

Well , its a process he has to follow before a application to the courts is made . We are hoping the treat of court action and application for costs will have an effect . At very least I am looking for the deeds to be changed to put the three children on . I can then insure my daughter inherits a third .

[Pezza54]

I take it you meant "threat" not "treat"
My advice is to press for the sale of the property and eviction if necessary.
The current executor might continue to live in the house and refuse to pay market rent.
Why would you want to leave your daughter the hassle of co-ownership when you could pass on the money instead
By gifting your daughter the money before you die may reduce any IHT

[atticus]

Well as you know solicitors charge the earth , wont confirm the day of the week without charging you .

I disagree. (I would, wouldn't I?)

You need to agree a plan with your solicitor and a budget for the legal fees. A good solicitor will happily do this, and will not charge you extra for enquiries etc within the agreed scope of work.

Also, the more often you make threats (or promise treats) without following through, the more your statements of your intentions will lose credibility.