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Hey everyone,
I'm dealing with a complex situation regarding an estate and could really use some advice. In this estate, there are two executors, who are also beneficiaries. Alongside them, there are four other beneficiaries. We're facing two main issues:
1. Problematic Executor: One of the executors, who is also a beneficiary, has been problematic. They've been living in the deceased's house rent-free for over two years and have incurred a CCJ for unpaid council tax and was using the deceaseds credit cards and did not cancel them. This executor has been uncooperative in selling or distributing the estate, which has been in limbo since the probate was finalised in January 2023. They've also significantly undervalued the estate.
2. Stressed Executor: The other executor, also a beneficiary, is finding the situation too stressful and wants to step down.
We're trying to figure out the best way to handle this. Five out of the six beneficiaries (including myself) are on the same page about removing the troublesome executor. We know it has to go to court for it to happen. Having sought legal advice it seems we have to try get both executors removed, one has said they will willingly step down. As this situation would leave no executor, one of the other beneficiaries is willing to take over the role, but we're not sure about whether this is possible.
We have spoken to a few solicitors and have been quoted £24k-£38k, which feels too risky when we don’t know the state of the estate finances and whether costs would be
My questions are:
• Has anyone been in a similar situation where you had to remove one executor and replace another? How did you manage it?
• Can a beneficiary step in to become an executor, or do we need to appoint a solicitor for this role?
• Is our only option to appoint a solicitor to deal with the case or if we have sufficient evidence can we do this ourselves?
Thanks in advance for your insights.
I'm dealing with a complex situation regarding an estate and could really use some advice. In this estate, there are two executors, who are also beneficiaries. Alongside them, there are four other beneficiaries. We're facing two main issues:
1. Problematic Executor: One of the executors, who is also a beneficiary, has been problematic. They've been living in the deceased's house rent-free for over two years and have incurred a CCJ for unpaid council tax and was using the deceaseds credit cards and did not cancel them. This executor has been uncooperative in selling or distributing the estate, which has been in limbo since the probate was finalised in January 2023. They've also significantly undervalued the estate.
2. Stressed Executor: The other executor, also a beneficiary, is finding the situation too stressful and wants to step down.
We're trying to figure out the best way to handle this. Five out of the six beneficiaries (including myself) are on the same page about removing the troublesome executor. We know it has to go to court for it to happen. Having sought legal advice it seems we have to try get both executors removed, one has said they will willingly step down. As this situation would leave no executor, one of the other beneficiaries is willing to take over the role, but we're not sure about whether this is possible.
We have spoken to a few solicitors and have been quoted £24k-£38k, which feels too risky when we don’t know the state of the estate finances and whether costs would be
My questions are:
• Has anyone been in a similar situation where you had to remove one executor and replace another? How did you manage it?
• Can a beneficiary step in to become an executor, or do we need to appoint a solicitor for this role?
• Is our only option to appoint a solicitor to deal with the case or if we have sufficient evidence can we do this ourselves?
Thanks in advance for your insights.
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