# Transfer of property by executor



## eddie1951 (6 Apr 2012)

I would like to know if anyone has heard of one of the executors being allowed to transfer the house to themselves from their late mother's estate. The will left the estate to be shared between another 3 children. 

Work has been carried out to the property and it was assumed this was to make the property more saleable. But now the executor has moved in and is selling their own property and have advised the funds from their house will go to the estate.

Is this reasonable?


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## Deiseblue (6 Apr 2012)

The asset of the Estate is the late mother's House - the idea of the Executor moving into that house & putting the proceeds sale of his own house into the Estate is quite frankly ludicrous .

The only caveat to this is - have the other 3 residuary legatees agreed to this course of action ?


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## eddie1951 (6 Apr 2012)

Noone has agreed.  It would appear the 2 executors set up the transfer but noone had been advised of this.

Just to confirm, the executors are also beneficiaries.

If anything should the house have been tranferred to the estate and not to the executor.  Surely the transfer cannot be legal.


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## Deiseblue (6 Apr 2012)

The house is part of the deceased mother's Estate & as a general rule of thumb should be sold & the proceeds lodged to the Estate & in due course
 when the administration process is completed the residue should be distributed to the residuary beneficiaries by the Executor/Executors.

If all the beneficiaries agree it is possible for one of the beneficiaries to purchase the house at an agreed value. 

Is there a solicitor involved in the administration of the Estate that could be consulted ?


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## beffers (6 Apr 2012)

Transferring ownership of a house from Person A to Person B requires the services of a solicitor. There is nothing stopping these people from moving into the house if they have the keys to it, but they can not gain ownership of it by themselves. Before a solicitor would arrange a transfer of property to one person, he would want to see the Will and/or the Grant of Probate that gives him the legal authority to do so, which the mothers will clearly does not. No reputable solicitor would agree to get involved in such a crazy scheme. Has this already taken place, or is it just what the executors are planning on doing?


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## eddie1951 (7 Apr 2012)

The beneficiaries have been advised that the transfer has taken place.  I believe that a charge been put on the property to protect the beneficiaries interests.

It appears the executor's own property is up for sale and once this sale happens funds will be distribute between the beneficiaries.  

It was expected that the deceased's property would be tidied up and put up for sale.  But the work carried out has exceeded what was expected. Who should be out of pocket for this work?


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## Deiseblue (7 Apr 2012)

Given the facts provided by you the Executors have far exceeded their powers.

It is reasonable that the house in question be repaired/redecorated in order to facilitate a sale - however in this instance such expenditure has simply benefitted the Executor who has taken possession of the house.

It is time for the remaining beneficiaries to obtain legal advise if they have not already done so.


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## eddie1951 (7 Apr 2012)

Thank you for all the comments.  They have been most helpful.


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## beffers (7 Apr 2012)

Wow. I'd be going after the solicitor who agreed to be a party to such shady actions and move to get him struck off.

Is there a big difference in the value of the house in question and the house that the executor is selling?

Definitely think the costs of renovating the place should come out of the executors share, as they are the only ones to benefit from them. Dunno how that could be legally enforced though.

Time to get your own solicitors involved here methinks !


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## Vanilla (8 Apr 2012)

There may not be any transfer at all on the title- the executor may simply have moved in. 

As beffers says- get your own solicitor involved now to find out what is going on.


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## eddie1951 (8 Apr 2012)

Is it possible to replace the executors? Or can an executor resign?


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## Deiseblue (8 Apr 2012)

eddie1951 said:


> Is it possible to replace the executors? Or can an executor resign?



An Executor can certainly reserve their right to act , however in this instance it does appear that matters have proceeded so far as to leaving the other beneficiaries with little option but to consult a solicitor.


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## Bronte (16 Apr 2012)

eddie1951 said:


> Is it possible to replace the executors? Or can an executor resign?


 
This is very serious Eddie, you are better off hiring a solicitor and sooner rather than later.  A solicitors letter to the executor might do the trick.


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