Executor Options when Beneficiaries unwilling to complete process

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User1970

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Small estate includes an interest in a residential property that is to go to 3 Beneficiaries, 1 of whom resides outside the state.

Executor completes their process and 3 Beneficiaries receive correspondence in January 2021 asking them to nominate an agent to have the deceased's interest in the property registered in their names.

One Beneficiary has an expectation that the others will gift their share to them but no-one co-ordinates this effectively and the Executor is left in limbo with the responsibility to Insure and maintain a vacant property with no money in the Estate and all other aspects finalised.

Property left in Limbo with Beneficiaries not providing information or making any co-ordinated move to finalise this process and accept the inheritance.

How can an Executor deal with this or have they any options to remove themselves from the process at this point? Executor already out of pocket with expenses and sick of the responsibility for a vacant property. Multiple letters sent to Beneficiaries requesting they finalise the process.
 
Afternoon Brendan

They are a bit at sea as it is such an unusual position, hence my query here to see if anyone has faced similar.

Their current advice is there is little I can do other than sit tight and accept the current position.
 
So if the property is left to three beneficiaries; can it be transferred into their names?

Then they can do as they wish.
 
Yes my solicitor has sent Final Accounts early in 2021 and asked them to nominate a solicitor to act on their behalf and I will sign the interest over to them but as one on the Beneficiaries is also non resident Revenue have stated nothing is to be transferred until this Beneficiary sorts out CAT.

No solicitor nominated and correspondence not dealt with and therefore as Executor I am left with the responsibility, expense and time commitment to look after this property with everything else in the small estate having been finalised and distributed, solicitor paid etc.
 
Was there a power of sale expressed in the will? If so, check with your Solicitor whether the property can be sold and the proceeds divided between the three.
 
Hi Johnno

That option is there but the title isn't straightforward and also leasehold, needs a good bit of work , time and money to prepare for a sale and that route would be my last resort as I would be the one doing this work. I've put in a lot of work to get to the point where the house can be transferred and I want to draw a line under this.

Very modest terraced house which with straightforward title would fetch less than 100k so with the title issues there is a lot of work needed.
 
User1970 said:
Hi Johnno

That option is there but the title isn't straightforward and also leasehold, needs a good bit of work , time and money to prepare for a sale and that route would be my last resort as I would be the one doing this work. I've put in a lot of work to get to the point where the house can be transferred and I want to draw a line under this.

Very modest terraced house which with straightforward title would fetch less than 100k so with the title issues there is a lot of work needed.
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Worth writing to them encouraging them to come to the table, otherwise you’ll exercise your power of sale, the costs of which will come from the estate. Give them 21 days to confirm that they’re prepared to deal with you in a constructive fashion to close out the estate. Otherwise you will act unilaterally.
 
one on [of] the Beneficiaries is also non resident Revenue have stated nothing is to be transferred until this Beneficiary sorts out CAT
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That's your major stumbling block; do you have an estimate of how much might be due? I take it there's no cash that you can withhold?
 
No Cash, Estate was in Deficit when the final accounts were issued and I was covering that to get things finalised. Since then a year has passed and I'm on the hook for additional expenditure since then and no progress re getting this transferred.

Sick to the teeth of the whole process and still being on the hook here despite carrying out all the work to get this to a point where it could be finalised. Hence my query as to whether there is any way I can step away.
 
Yes, you can renounce your role as executor - I think unless there is a second executor appointed in the will, this will require a trip to the courts to appoint an adminstrator but you will be free of any responability

Any legitimate expenses your incurred will become a charge on the estate
 
jpd said:
Yes, you can renounce your role as executor - I think unless there is a second executor appointed in the will, this will require a trip to the courts to appoint an adminstrator but you will be free of any responability

Any legitimate expenses your incurred will become a charge on the estate
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You can’t renounce once you’ve intermeddled with the estate (ie taken steps towards its administration).

You’ve taken out probate so you will need a court order to be removed. Not cheap and it will be at your own expense to make such an application in the High Court.

Easier to sell the property and divide by 3. I appreciate that the title may be convoluted etc but let the Solicitor sort that, and any legal costs will come from the proceeds of the sale.
 
I do agree you are at the last resort step, work with the solicitor to sort out title and sell. Then ensure all expenses are paid from the sale. Say you make €100K from the sale, your costs, estate agent costs and solicitor costs are €25K, leaving €75K, then give the two Irish recipients €25K each and leave the final €25K with the solicitor to give to the final beneficiary when they decide to engage.

You have waited 13 months, it is time to move to the final step. You can write to all 3 letting them know and giving them 21 days to organise themselves with transfers, revenue etc, but I doubt anything will happen.
 
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