# Inheritance Issue



## McD1978 (15 Aug 2011)

Hi All,

My parents house was willed to myself and my only other sibling after the death of our father earlier this year. The will stated that everything should be split 50/50 between us both and we are both joint executors. I've offered to sell my half of the house to my sibling at a very cut down price as he is not a homeowner and I believed this would give him both a good start and keep the house in the family. I'm married and have a home of my own. He refused saying he didn't want the house at any price and wants it sold. We've put the house on the market but I've been left to maintain the house, look after all the various paperwork while my brother has not done anything to help out. I travel 100 mile round trips every week to keep the house in good condition and ensure lawns, hedges and flowerbeds are tended too. I know I'm being taken as a fool by my brother but is there anything else I can do given the circumstances? Any advise welcome.


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## mf1 (15 Aug 2011)

Your situation is not uncommon in the current climate. 

You could just slash the price! But, if that does not work..........

Many executors are making the decision to rent out the property - while keeping it quietly on the market. Some people are happy to be a landlord - many others are reluctant landlords. There is a lot to be said for employing a manager to deal with all aspects of the rental - including the maintenance that you are now doing. 

It is unlikely you will make your fortune this way but it does mean that the property is occupied, is being looked after, should cover its costs  and, hopefully, will  not be deteriorating while you wait for a sale. 

Is there any reason why the brother would not agree to that idea? 

mf


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## Scotsgirl (15 Aug 2011)

Would you maybe think about paying a local man to tend the gardening for you, say every two weeks or so, and then reimburse yourself the money when the house sells.  You should keep receipts for the payments so your brother knows everything is above board when you are looking for your money back.

I'm sure he must understand that you can't keep up those trips on a weekly basis.


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## McD1978 (15 Aug 2011)

I'm of the opinion that he just wants a quick sale so he can pocket a few euro.
I'm not keen on becoming a landlord, have heard too many horror stories to be honest.


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## csirl (15 Aug 2011)

Sell the house. Instruct an EA to get the best price they can within the shortest timeframe, even if it means dropping the price a bit. EA expenses and your expenses etc. for looking after the property should be deducted from the proceeds of the sale before distribution. As mentioned above, get a local gardner to cut the grass and charge it to the estate also.


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## McD1978 (15 Aug 2011)

Hi Scotsgirl,

This isn't really an option as I've moved away from the area a long time myself and I don't know any of the "new" locals well enough to entrust them to look after things at the house.


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## Padraigb (15 Aug 2011)

Ask the EA to recommend somebody to put the house and garden into the best condition for showing.


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## beffers (16 Aug 2011)

If you are an executor of an estate/house and you are incurring expenses traveling to it to take care of it, hiring some one to do upkeep and maintenance to keep it in sale worthy condition, you are entitled to be reimbursed for that. You being a beneficiary of the Will is irrelevant. If a solicitor was doing it for you, he'd bill the estate and he'd deduct his fees before passing on the sale proceeds to you and your brother.

A lot of estate agents also do property management where by they take over the duties of being a landlord for a property owner in exchange for a fee and slice of the rent. They normally have reputable plumbers, carpenters, handymen, gardeners etc on their books that they call upon to do any work that needs to be done on their properties. Give them a ring. They would probably be able to reccomend someone reputable to keep an eye on the place, clean the gutters, cut the grass etc etc. Keep all receipts and mail copies to your brother so that he can't accuse you of doing anything shady. 

Or even better, sit him down, tell him you can no longer share the load alone and if he is not willing to pitch in taking care of the house, you are going to have to hire someone to do so. The money for which will come out of your joint inheritance. That may light a fire under him. Or you could ask him for ideas as to who to hire and what to do. That way, you maintain good relations with him, he is being kept informed of what is going on, and can not accuse you down the road of improper doings with the monies from the estate. Sadly people like your brother are always the first to cry wolf. Best of luck to you !


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## hastalavista (16 Aug 2011)

beffers said:


> If you are an executor of an estate/house and you are incurring expenses traveling to it to take care of it, hiring some one to do upkeep and maintenance to keep it in sale worthy condition, you are entitled to be reimbursed for that.



This is not correct.

The only expenses that can be charged against the estate other than funeral expenses and lawful debts of the deceased at time of death are those that are listed in the will. Solicitors always have a clause in there for their costs of  administration of the estate. maintaining assets is not covered because if you think about it the estate could be depleted by such activity and leave nothing to the beneficiaries.


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## hastalavista (16 Aug 2011)

McD1978 said:


> Hi All,
> 
> My parents house was willed to myself and my only other sibling after the death of our father earlier this year.



Just wonder have you got probate all done and dusted because you cant sell it until you inherit it on the grant of probate.


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## mathepac (16 Aug 2011)

hastalavista said:


> ...
> The only expenses that can be charged against the estate other than funeral expenses and lawful debts of the deceased at time of death are those that are listed in the will. Solicitors always have a clause in there for their costs of administration of the estate. maintaining assets is not covered because if you think about it the estate could be depleted by such activity and leave nothing to the beneficiaries.


That is not correct.


Any valid expenses (other than the executors' time) can and should be charged against the estate. The expenses could for example include

insurance on the property
repairs and maintenance required to prevent the property falling into disrepair
utilities to secure and maintain the property (alarms, lights, telephone line, heating, etc.)
estate or letting agents' fees including advertising
legal fees
etc.
Failure to do some or all of the above might leave an executor liable to suit by the beneficiaries for failure to protect the assets of the estate. The list of "valid expenses" above is not an exhaustive but only examples.


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## hastalavista (16 Aug 2011)

mathepac

what you list, other than legal fees are good practice and can be argued to be part of the Duty of Care of the executor.
However, the Succession Act gives no legal powers to  anyone to do these things unless they are in the will, hence my point about legal fees.

There is no list of valid expenses.

I was making the legal case, unscrupulous lawyers /accountants and other folk do pull the wool over peoples eyes when it comes to these things

The law is there to stop unscrupulous folk milking the estate dry through different expenses.

If the beneficiaries challenge the expenses incurred by the executors then the court will determine what is fair and reasonable.I am quoting from the excellent book on this issue  isbn 978-0-19-954430-1


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## mercman (16 Aug 2011)

hastalavista said:


> I am quoting from the excellent book on this issue  isbn 978-0-19-954430-1



I think as an executor you should ask the solicitor acting for the estate concerning expenses in this regard. I certainly was under the impression that costs incurred in maintaing the assets of an estate were repayable from the estate.

I do think it best that you should sit down with your brother and explain the circumstance with him. He may be still a little raw after the death of your father, but in reality it is not ideal to fall out over the issue of money and an inheritance.


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## Bronte (26 Aug 2011)

McD1978 said:


> I'm of the opinion that he just wants a quick sale so he can pocket a few euro.
> I'm not keen on becoming a landlord, have heard too many horror stories to be honest.


 

You say this as though your brother is doing something wrong in wanting a quick sale.  It is you that wants to hold onto the house and you that wants your brother to get settled down with a house, neither of which he wants.  'not at any price'  He's entitled to his inheritence and the sooner you sell the better before it leads to a massive family feud.


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## huskerdu (26 Aug 2011)

Bronte said:


> You say this as though your brother is doing something wrong in wanting a quick sale.  It is you that wants to hold onto the house and you that wants your brother to get settled down with a house, neither of which he wants.  'not at any price'  He's entitled to his inheritence and the sooner you sell the better before it leads to a massive family feud.



+1. 

If he wants to sell the house, then that is what you should do.
You can't make him want to buy the house and live there.
Trying to do so, could sour relations  between you for a long time.


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## McD1978 (1 Sep 2011)

Bronte & Huskerdu - Just to clarify, I have no problem selling the house.  That is not the issue.  What I have a problem with is that everything to do with the ongoing maintenance and possible sale is being left with myself to sort out while the other party sits on his hands and waits for money to come his way.  We are both joint executers of the will yet I'm the only one doing anything.
To all others - many thanks for the advice.
Am looking at the possibility of renting the house out.


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