executor selling house

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rebelred2922

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Can the executor of my mother's will sell the house for a price that I don't agree with and also am I entitled to have keys to the house
 
1. Have you been left something in the estate or has it been specifically stated that the house or share of house has been left to you?
If the house in total has been left to you then it is just a matter of a transfer. If you have been left a share in the house with others then the property can be registered in all the names. The joint owners can then decide whether to sell or not. If there are joint owners each one is entitled to have keys and should take on equal responsibility for cost of maintenance, insurance etc.
If the will just bequeaths her estate to be divided among a number of people then that is what the executor must do. I would believe that the executor does not have to take instructions from the beneficiaries as to the price to be accepted for the house however I dont see why there should be a sale unless there are debts to be met and there are no other assets to meet them.
 
Basically it's up to the executor to get the best price available for the house. Are you just disagreeing with the price or do you think that he/she may be underselling to a friend or family member ?
 
Executor is a family member who refuses to give keys to all other siblings who are mentioned in the will.
 
To give any meaningful answer you would need to quote the terms of the will.
 
Executor is a family member who refuses to give keys to all other siblings
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Assuming other siblings are not also executors, that is perfectly correct.

The executor is obliged to protect the assets of the estate and that includes keeping assets secure until all disposition is completed. They are also obliged to adhere to the terms of the will and the law of the land.

So to answer your questions in short order.

Q2. No.
Q1. Yes.

edit: I got the order of your questions wrong, sorry
 
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Basically the executor is my sister who is one of the beneficiaries of the will which is a very simple will that states everything is to be divided equally among the four kids.She steadfastly refuses to give us keys to access the house and states that she alone will decide on what price will be accepted for the house .
 
Legally speaking, she is correct in her actions and decisions - as executor she has full control of your mother's goods and properties. But from a family viewpoint, it would be much better if you could all agree and arrive at a concensus as to how the estate is dealt.

But she may be afraid that some family members will enter the house and remove items - this happens, and in the interests of all, it would be better to agree amongst yourselves as to who gets what...

Many families have problems dealing with such situations
 
rebelred2922 said:
Can the executor of my mother's will sell the house for a price that I don't agree with and also am I entitled to have keys to the house
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Q1. Yes, provided it's a "reasonable" price in line with market values in the area. A couple of written expert valuations is the norm here before advertising the house for sale.

If one of the named beneficiaries wishes to purchase the house, the price they pay is usually market value less their share of the property.

Q2. No. The executor is charged with protecting the assets of the estate. Issuing multiple sets of keys could be deemed to be an irresponsible action.
 
rebelred2922 said:
Basically the executor is my sister who is one of the beneficiaries of the will which is a very simple will that states everything is to be divided equally among the four kids.She steadfastly refuses to give us keys to access the house and states that she alone will decide on what price will be accepted for the house .
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Why do you want to get access to the house?

Why doesn't your sister allow access?

Seeing as she is also a beneficiary is there any reason to believe she won't take the best price for the house?
 
She steadfastly refuses to give us keys to access the house and states that she alone will decide on what price will be accepted for the house
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And she's 100% correct; let her get on with the job.

If there are small, low value sentimental items that you or your siblings would like to have, and if they are not already addressed in the will, you can certainly ask that she consider distributing those items.
 
Every item people wanted from the house has already been distributed, it's just other siblings would like to be able to visit the house for sentimental reasons while they can before the house is sold. Regards the price of the house she wants to sell at a lower price than the valuations we all received, why exactly we can't find out.
 
How much lower and how did you get the valuations ? Did she tell you the valuations she got or have you got your own ? Not being harsh, just looking from the outside but could there be a bit of sentimentality here on your side ? I should add that I would be suspicious if it was quite a bit lower and no explanation as to why she is taking that price.
 
At the end of the day, a house is only worth what someone else is prepared to pay for it. Just because it's on the market at a certain price, doesn't mean the property will achieve that price.

Executor is obliged to wind up the estate in as timely a manner as possible.
 
Thirsty said:
And she's 100% correct; let her get on with the job.
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Is this strictly correct? The Law Society of Ireland says that: “The personal representative(s) should make decisions in consultation with the beneficiaries. For instance, before making a decision to sell any part of the estate, the personal representatives should discuss the matter with the beneficiaries concerned and should abide by the wishes of beneficiaries insofar as is practical.” https://www.lawsociety.ie/Documents/committees/Probate/adminestatebrochure.pdf. This appears to come from section 50 of the Succession Act 1965 that says “ before selling for the purposes of distribution the personal representatives shall, so far as practicable, give effect to the wishes of the persons of full age entitled to the property proposed to be sold”. http://www.irishstatutebook.ie/eli/1965/act/27/section/50/enacted/en/html#sec50. So it would appear the beneficiaries have a right to a discussion on the sale and that their wishes be taken into account, as far as is practical, but not to any keys.
 
From the OP it doesnt appear that they are objecting to the sale, just the price its beiing sold for.
 
In my case the executor happened to be married to one of the beneficiares, my sister. She had all the inside information. The rest of us were told nothing. She had first choice on everything of value in the house that "disappeared". Jewellery, small items of furniture etc

The two of them wanted to sell the house for circa €600k. The rest of us opposed this and all sorts of rows happened. In the end we managed to salvage some of the jewellery. The furniture had already been passed along to her own family. The house sold for over €800k a year later and not in a rising market.

Some executors think that this title gives them Godlike status. They can still be as thick as two planks though. They may think they have the law on their side but they also have to follow the rules.

I would certainly stand your ground. Your parents would have wanted you to have a last look around your old home.
 
If it were me, I would ring the solicitor who is dealing with the estate. They are very used to these situations, they happen every day.
The solicitor has to over see the estate and I presume the house has to be sold for a fair market price. The Executor is responsible for maintaining the asset in a fit state to be sold on behalf of the beneficiaries.
If all of you are not on good speaking terms then you should seek a family meeting with the solicitor to see what can be agreed in relation to visits etc.
It's very upsetting when one sibling is blocking the others or lording over them, like in relation to access to a house that has been the family home for years. Could the keys be collected and dropped back to the Solicitors office or some other solicitors office in the town/area?
 
"The solicitor has to over see the estate"

Not a requirement, exec could have done probate themselves.

IANAL, but if I was I'd run a mile before I got involved in this sort of family dispute.

OP if you feel executor is not fully meeting their responsibilities then take the appropriate action; bearing in mind such action will substantially delay any settlement and may incur costs
 
Thanks for all your help, went to my solicitor today and it turns out we are entitled to keys of the house as part owner's She rang the estate solicitor and we will have them by Friday.. Also price of sale has to be agreed by all beneficiaries
 
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