Co executor unwilling to assist financially or physically

[Zinnie]

Hello guys

This is probably a wills and probate issue but i,'m not sure

I am a co- executor,of my late father's estate along with my elder brother whom has remained non comunative throughout,I have been waiting for him now for three years to complete dissolving the estate and during this time my wife and I have paid every penny towards this and my brother has refused all financial support and has not even visited the property in the entire time, I'm doing my best to keep it informal, amicable and if possible avoid probate but financially we are drained and now in debt ourselves because of it and a 10k loan my wife took on at Barclays simply to pay the bills and maintain the property,I have four children to think of.

He is now,after two years of zero contact he is pressing for sale and threatening to apply for probate unilaterally.

I would appreciate immensely any guidence anyone can offer on this matter,and thank you for taking the time to read this post,

Charlie
*

[des8]

If there is real property (ie land or buildings or stocks & shares) involved you need to obtain probate, so cooperate otherwise it becomes even more expensive.
Your costs as executor are claimable from the estate

If you are not sure what you are doing, remember that as executor your liability is unlimited.
If that is the case I would consider appointing a solicitor or purchasing executor's liability policy

[Zinnie]

Thank you Des8,I appreciate your input.
I have just returned from a solicitors appointment and following a search she performed,it transpires that my parents had already had their home turned over to myself and my brother,I am now even more confused as I was unaware of this but the solicitor suggested there was a possibility that my brother being the eldest was aware and possibly had some sort of 'agenda' but would not commit herself to elaborate and given the value of the rest of the estate is minimal,less than 7-10k,sent me home to ponder before making a decision,I am now even more at a loss on how to proceed?

[des8]

So the estate is small enough possibly not to need probate, and is certainly not worth entering litigation over, (depending on when the house was transfrerred to your joint ownership.

How long ago did your parents gift the house to you and your brother? If more than 7 years it will avoid IHT?

[Zinnie]

Hi again
It was turned over in 2003 and pre dates their will which mentions nothing of it and refers to the property as being part of the estate.
I really do appreciate you taking up your time on this,thank you

[des8]

So as the property was not owned by your parents, any mention of it in their wills is of no matter.
One cannot dispose of something which one doesn't own.

If you and your brother now decide to sell the property, the cost of maintenance/ insurance which you have borne should be taken into account when allocating the proceeds of the sale.*

[Zinnie]

Thank you once again Desi 8,so given I have essentially been paying my own bills in and their entirity and covering my own costs,and his too,am I within my rights to legally request that he should repay them back forthwith regardless of the sale of the property and separately from my father's estate?

[des8]

It is nothing to do with your father's estate.

You can always ask for a contribution, but as there was no agreement between you*would have difficulty if you took the matter to court.
If you sell the property you have a better chance of claiming* your costs from the sale proceeds.

[Zinnie]

The agreement was originaly that all costs would be distributed equaly but that was purely verbal and in relation to disolving the estate, which,until todays disclosure,i was under the impression encompassed the property. If he should refuse to contribute what then because as it is now financialy i am seriously compromised and self funding would mean that possibly i would find myself unable to fulfill my responsabilitys as an executor?

[des8]

your executor's costs are met out of the estate.

As the house is not part of the estate, the money you spent maintaining it should be returned to you following sale of the house.
The balance, less the cost of the sale, is split between you and your brother.

[Zinnie]

Sincerely thank you Des8
I have one final query if I may,
Given that the vast majority of the expenses have been met by my wife and are in her name,would that be classified as a dept against the estate?

[des8]

Money spent on the house is not a debt against the estate as the house was not owned by the testator.
Expenses in administering the estate should be paid out of the estate.