Executor Causing Misery - Advice Please

Status
Not open for further replies.

vincentgav

Registered User
Messages
100
Hi Everyone,


I really need help with this and we’re all confused and hurt by the situation.


My grandmother died aged 99 c. 1 month ago. She didn’t leave much; about €2k all in (as far as we know) which covered the funeral and her house, which is decaying, tiny, no safety certs, crumbling lethal staircase, etc. The house is worth around €15k - €20k realistically, although it was valued at €30k. It won’t get that much. (I work in the industry, the location is very remote, the stairs isn’t up to code, there’s severe damp, no access for machinery, no bath, etc – it won’t get €30k)


My Mum and her 2 sisters are here leftover, my Mum is the youngest (64). Her next sister up (67) stayed single, has her own house, etc. The eldest (72) is divorced, extremely controlling (always has been), nasty and treats my Mum as a child. She’s always been a pain in the backside. Always asking for help, for my Dad to do jobs on her house, etc, but gives nothing back, ever. Any time they meet she insists on sitting in the front seat, moving my mother to the back of the car (honestly), she has to pick where they eat (rubbish places). She’s so controlling that she’ll even pick bad ideas, just so that it’s her feeling in charge.


So when it came to my Granny’s death, my parents arranged the whole funeral, my Dad paid and hasn’t yet been reimbursed and he probably won’t ask for it from the estate. During my Granny’s final days/hours, my controlling Aunt announced in the nursing home at least three times that she was the executor. The middle sister was ALWAYS said to be in charge of all for as long as I can remember, so we all got a shock. My grandmother had dementia the last 10 years. Now, it surfaced that she gave this Aunt her wedding ring as a gift in the nursing home, she handed it to her on the QT. This was the first thing that the other 2 ladies weren’t a bit happy about. She wears the ring now.


So the first thing that came up in my head was the idea that since Granny’s onset dementia, the arrangements seem to have changed drastically. My controlling Aunt is refusing to let anyone else see the will, she won’t allow it. We all went to visit her house to reminisce after her funeral, she stood there in the middle of the kitchen, lips pursed with the key firmly in her hand, looking annoyed. She was visibly annoyed with anyone being there and wouldn’t leave anyone in any room alone.


We don’t want her as the executor as she never contributed to Granny’s care. Not just money, she actually drove Granny mad, always did, picking on her and winding her up. My middle aunt cared for her, my parents helped too and my Dad, with his money.


I don’t trust her. I think that the will was changed when Granny had already descended into madness (didn’t remember people’s names/faces some days). I also have to question why she refuses to show the will. I understand that she’s not obliged to, but the common sense of family asks why someone would refuse to show their siblings. It’s either being controlling for the sake of it or there’s something she’s hiding. She may have forged the will, I wouldn’t be surprised if she did. I think she’ll sell the house that we want to see stay in the family, since it’s worth so little. I would pay for it, a sensible amount if I have to, but I don’t trust her not to just sell it without telling anyone, just BECAUSE someone in the family would want it. It’s decaying and needs preservation work, she won’t allow. (My wife is a conservation architect, we would do the work for free, but she won’t ALLOW it.)


Please advise as to any advice on how to deal with this? Can we challenge the executor as not being appropriate? Granny not of sound mind? What options to we have to remove this executor?
 
I should also add; Executor says that my mother hasn't gotten anything from the will, fine. But my next aunt, we don't know what she's gotten.
 
Is the solicitor dealing with the case a family friend ? Could you approach and ask for clarification that the will states that the eldest is the executor ? Also can you remember who was the solicitor for your mother's original will - maybe approach them about it.
 
Is the solicitor dealing with the case a family friend ? Could you approach and ask for clarification that the will states that the eldest is the executor ? Also can you remember who was the solicitor for your mother's original will - maybe approach them about it.

I'd have to ask who the solicitor is, this is a minefield with my middle aunt. She's the kind of person who keeps everyone at 2 arms length - frowns and looks annoyed if she's asked anything, won't talk, won't object to anything. She cries whenever Granny is mentioned and the whole topic shuts down. It's really irritating. We all have to shut up no matter what cos she'll cry. Seems like controlling behaviour in itself.

There's a pecking order, as I said, the consider anyone else not entitled to get involved even though we're the only grandchildren, she lived with us for years even, we were very close, the older aunt is the one who tries to put everyone in their place.
 
Given that we are talking only about 30k (divided by 3) here, you need to make a decision of whether the stress (to your mother and her other sister) is really worth it. I would, however, tell your father to send the funeral bill to the solicitor dealing with the estate.
 
The house has sentimental value. €30K is the AMV, the official valuation given by the estate agent. I'm a surveyor myself, I know that €30k isn't possible as the house isn't up to code, the stairs are like a ladder, it needs extensive works and preventative measures to not fall to pieces, basically. There's mold in the walls of an extended room - this room needs to be demolished to stop the mold ingress. The max it'd get on a good day with a motivated cash buyer is €20k, even that's a stretch. If it were a client, we (architect wife and I ) wouldn't advise anything over €15k.

That said, if it was going to go anywhere, I'd want us to take it. We'd be willing to do the works ourselves. We know how. The stress is not knowing if she'll just sell the site without telling or letting anyone else have a crack at the whip.

We want the house to stay in the family, I'd be heartbroken if it was sold.
 
Your domineering Aunt may not have engaged a solicitor to deal with the Estate.
Your father who should on no account be out of pocket for such a large amount such as funeral expenses should forward the receipted account to this Aunt pointing out that such expenses are correctly chargeable to the Estate & this he should be refunded.
This should prompt your Aunt to take some action regarding the property as there would appear to insufficient monies in the Estate to discharge funeral expenses.
I think you suspect that if you don’t take affirmative action along these lines that your Aunt will simply string ye all along
 
The house has sentimental value. €30K is the AMV, the official valuation given by the estate agent. I'm a surveyor myself, I know that €30k isn't possible as the house isn't up to code, the stairs are like a ladder, it needs extensive works and preventative measures to not fall to pieces, basically. There's mold in the walls of an extended room - this room needs to be demolished to stop the mold ingress. The max it'd get on a good day with a motivated cash buyer is €20k, even that's a stretch. If it were a client, we (architect wife and I ) wouldn't advise anything over €15k.

That said, if it was going to go anywhere, I'd want us to take it. We'd be willing to do the works ourselves. We know how. The stress is not knowing if she'll just sell the site without telling or letting anyone else have a crack at the whip.

We want the house to stay in the family, I'd be heartbroken if it was sold.

Well A suspect it will go for what someone is prepared to pay for it ,I am sure your aunt will not charge them extra for the mold or the stairs,

Nice to see she lived to 99 looks good for the rest ,
 
She's 72 and won't do anything with it. It's in Roscommon, she doesn't drive anymore, she won't go to there. It's the fact that we need to do work this summer to get the prevention done. Then it needs time to dry.

I think she should just hand it over, she doesn't need money. Her ex husband left her their big house, she's sorted. I'm worried she'll just sit on it and let it decay, just to be in charge.
 
There's no estate other than the house. The €3k was the total cost of the funeral. My Dad won't ask for that money, he's well off and likely would see it as his contribution to my Granny. He loved her like his own Mum, he'd have done anything for her. He bought her new windows 10 years ago like. It's not that money. Besides, if she's given a bill for €3k, she might feel compelled to sell the house to cover that cost.

To be honest I'm concerned she'll just flog the house or deny a chance to get at it. It'd cost a potential buyer €10k - €15k at a glance to do all works, it needs a bathroom added too, that's not part of the €15k. My missus needs to survey it, but she won't allow access for that. She assumes we're all out to get her.

Example of the controlling; she came with a picture in a frame for the removal and funeral of my Granny. The picture was AWFUL, Granny was clearly distressed in the photo, she looked like she was on the cusp of tears. We have hundreds of photos of her laughing and smiling as she nearly always was. Would she use those pictures? No. She wanted to use the one SHE picked. Even though everyone said how bad it was.
 
Well A suspect it will go for what someone is prepared to pay for it ,I am sure your aunt will not charge them extra for the mold or the stairs,

Should I assume you mean that she'd take the very poor condition into account and price lower accordingly? Sorry, your comment is unclear.
 
She's 72 and won't do anything with it. It's in Roscommon, she doesn't drive anymore, she won't go to there. It's the fact that we need to do work this summer to get the prevention done. Then it needs time to dry.

I think she should just hand it over, she doesn't need money. Her ex husband left her their big house, she's sorted. I'm worried she'll just sit on it and let it decay, just to be in charge.

I suspect if you want it and it was not left to you you will have to pay for it ,The woman is only a month in her grave,

I suspect running down something and expecting to get it for nothing is not how it works down in remote Roscommon

My advice you need to change track fast if you don't she will make sure you don't finish up with it if she can and it will be nothing to do with money,

I am not trying to be unfair to you find out who it is left to let them know you would like last refusal if it is being sold don't run it down,

That way you may get first refusal,
 
Last edited:
Has your mother made a formal will ? Who is dealing with the legal side ?

My Grandmother, you mean? We don't know, the controlling aunt said she's the executor, and won't let anyone else see the will other than to tell everyone they aren't entitled to anything. I don't trust her. My other aunt was always said to be the executor. Granny had dementia the last 10 years, now all of a sudden my other controlling aunt is? I smell a rat.
 
I suspect if you want it and it was not left to you you will have to pay for it ,The woman is only a month in her grave,

I suspect running down something and expecting to get it for nothing is not how it works down in remote Roscommon

My advice you need to change track fast if you don't she will make sure you don't finish up with it if she can and it will be nothing to do with money,

We haven't spoken at all, we haven't said a word. As said, executor refuses to speak to anyone, I haven't asked her a single question, regarding or not regarding. I haven't said a word to her in the last month. We're not arguing about it, I'm silently on the sidelines, MY mother is telling me about it all. Exec doesn't know I'd like to fix the house, or that there's any interest in it at all.

We ALL live in Dublin now. All three girls moved to Dublin 40 years ago, 2 of which don't want the house.

The woman is only a month in her grave,

I suspect running down something and expecting to get it for nothing is not how it works down in remote Roscommon

Your tone here insinuates that you're reprimanding me slightly, I've asked for advice. The comment about a month in the grave is neither here nor there, house is uninhabited the last 5 years. Be mindful of your tone.
 
Sorry I meant your grandmother. Sounds like you need legal advice. Can your mother recall whether their family had a legal advisor for issues in the last while ? I honestly have no idea what happens in such a case and how to contest anything without knowing the fact of a will existing. But as its only a month as said earlier you may need to step back and give it time here.
 
We haven't spoken at all, we haven't said a word. As said, executor refuses to speak to anyone, I haven't asked her a single question, regarding or not regarding. I haven't said a word to her in the last month. We're not arguing about it, I'm silently on the sidelines, MY mother is telling me about it all. Exec doesn't know I'd like to fix the house, or that there's any interest in it at all.

We ALL live in Dublin now. All three girls moved to Dublin 40 years ago, 2 of which don't want the house.

The woman is only a month in her grave,

I suspect running down something and expecting to get it for nothing is not how it works down in remote Roscommon

Your tone here insinuates that you're reprimanding me slightly, I've asked for advice. The comment about a month in the grave is neither here nor there, house is uninhabited the last 5 years. Be mindful of your tone.
We haven't spoken at all, we haven't said a word. As said, executor refuses to speak to anyone, I haven't asked her a single question, regarding or not regarding. I haven't said a word to her in the last month. We're not arguing about it, I'm silently on the sidelines, MY mother is telling me about it all. Exec doesn't know I'd like to fix the house, or that there's any interest in it at all.

We ALL live in Dublin now. All three girls moved to Dublin 40 years ago, 2 of which don't want the house.

The woman is only a month in her grave,

I suspect running down something and expecting to get it for nothing is not how it works down in remote Roscommon

Your tone here insinuates that you're reprimanding me slightly, I've asked for advice. The comment about a month in the grave is neither here nor there, house is uninhabited the last 5 years. Be mindful of your tone.
Sorry if you took it up that way It is advice I am giving you Things may be a lot more raw with your aunt it was her mother that died ,It is quite possible she will be happy to see you finish up with it given time but I would not be running down your aunt or the house at the moment,

Letting it be known if it is to be sold you are interested may not be a bad idea,

Is your mother one of the 2 who don't want the house ,Are you saying your aunt was interesting in the house if so her mother may have left it to her seeing she was the only one interested in it,

In the country the eldest are often left the house more so if the showed an Interest in owing it,


That is the advice I would give to my best friend if I was asked for advice,
 
Last edited:
We're concerned about the secretive nature. As I said, we don't even know if there is a will in place or a solicitor. My controlling aunt says there is, where do we go from there? What if we say we don't believe her?
 
Sorry if you took it up that way It is advice I am giving you Things may be a lot more raw with your aunt it was her mother that died ,It is quite possible she will be happy to see you finish up with it given time but I would not be running down your aunt or the house at the moment,

Letting it be known if it is to be sold you are interested may not be a bad idea,

Is your mother one of the 2 who don't want the house ,Are you saying your aunt was interesting in the house if so her mother may have left it to her seeing she was the only one interested in it,

In the country the eldest are often left the house more so if the showed an Interest in owing it,


That is the advice I would give to my best friend if I was asked for advice,

That's ok, it's written, not verbal, things can be skewed. I appreciate everyone even taking the time to read.

It's not that Granny didn't think anyone was interested, it's more a case of my controlling aunt wanting to take charge of the situation herself.

She claims there's a will, claiming nobody is to get anything but then she won't discuss any details. She was confronted by my mother last week, demanding to know why she refuses to answer questions at all. She said that there was an 'issue with the deeds' or an 'issue with the will'.

That's the latest info.

Now we don't even know if there is a will, everything was to go to my other aunt who is nice and reasonable. We're thinking that there was no written will.

Is there a way to find out if there was one? If there was no will in writing, could I just claim; 'Yes, I'm the executor, Granny told me that I was.' and plough along?
 
Status
Not open for further replies.
Back
Top