The executor is under a duty to preserve the assets of the deceased until they are distributed and to protect the assets from devaluation.
A relative left a house to three of us. The executor immediately let the empty house for the past 14 months. We would like the tenants to go and the house to be sold but she wants to sell it with tenants in it. The house is in Ireland and it is possible to ask them to go if you are selling but we fear they would have to be evicted as they cannot afford to go. A buyer would not be able to get them out without saying they were going to sell and they could in fact stay for another 3 years under the legislation. This therefore excludes people who want to buy on a mortgage and live in it from making offers. She wants to sell at auction with tenants in it. Could I argue that she has devalued the asset by her actions? I realise I will have to consult a solicitor but wonder if anyone has an insightful opinion. I may be clutching at straws.
A relative left a house to three of us. The executor immediately let the empty house for the past 14 months. We would like the tenants to go and the house to be sold but she wants to sell it with tenants in it. The house is in Ireland and it is possible to ask them to go if you are selling but we fear they would have to be evicted as they cannot afford to go. A buyer would not be able to get them out without saying they were going to sell and they could in fact stay for another 3 years under the legislation. This therefore excludes people who want to buy on a mortgage and live in it from making offers. She wants to sell at auction with tenants in it. Could I argue that she has devalued the asset by her actions? I realise I will have to consult a solicitor but wonder if anyone has an insightful opinion. I may be clutching at straws.
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