My dad and uncle were left their dad’s property in his will (they are also the executors) when he died back in 2011, alongside a life interest for their step-mother to live in the property until she dies or moves out. Fast forward to today, the stepmother has passed away and the property is up for sale, but now there are strong disagreements and an almost stalemate between them (the executors and beneficiaries).
The property was in a state of disrepair so needed some electrical work, certificates, clearing etc and the probate was never filed back in 2011 so that had a cost too. My uncle has been adamant that he doesn’t want to pay for any work etc and is being highly uncooperative, even though the property was worth much less without works. He did reluctantly agree eventually but hasn’t paid his share and hasn’t paid his share of the council tax on the property either.
The conveyancing solicitor is now saying that when the property sells (it’s in progress) she has to split the funds 50/50 and distribute them to my dad and uncle, even though the estate still has debts to pay (property works, council tax, estate agent fees, probate cost, small miscellaneous bits). My dad knows full well that as soon as the money is divided those bills aren’t getting paid so it’s my mum that’s out of pocket for it all (she’s covered most of the costs so far).
He’s (uncle) not carrying out his duties as executor and is constantly causing problems. Prior to this process they had not fallen out and were in regular contact!
What can we do to ensure these bills are paid fairly from the estate funds rather than leaving it to pay half each after the solicitor distributing the funds to the beneficiaries. I’m of the opinion that she shouldn’t be doing that as debts must be paid first, so the funds should be sent to an “executors account”, her counter-argument is that as both executors aren’t agreeing to that she has no choice but to split it 50/50 as per the will 🤷🏻♂️
Such a stressful time for my parents, they’ve tried to do the best for everyone and preserve the value of the estate so that both brothers get the most out of it.
Thank You