Suing the executors of a will?

An auction doesn't guarantee a sale. The executors come across as being very sensible. However, it may have to go as a fire sale and maybe all of you (except Ted) could come together and buy it? In the meantime is it possible to distribute the remainder of the inheritance to everyone, it might cool Ted as well and give the rest of you some lolly to buy the place, if you still think it's worth it?

Hi. We have all tried to buy it, but couldn't get a mortgage. We're all self employed and either a) not taking home enough money b) are already mortgaged, c) living abroad. Everybody is still hurting after the recession, we're all ok, just not flaithulach. And there's no remainder of the inheritance. There were only small dividends from old shares and pensions that had to be finalised etc. We used it, by agreement of all, to pay for essential maintenance (roof repairs, tree felling, etc) and to cover the utilities for a year while everything was getting sorted.

I know, it's all a bit of a mess. And I fully understand the will saying the house must be sold, but can a reserve be put on it? As in, what if it doesn't reach at auction what Ted would have gotten had he accepted our offer to buy him out? (We offered him 40k cash) Surely then an auction would be pointless? Nobody wins. Like I say, there's no issue in the house being sold, we have contingency plans. It's the threat of legal action against the executors that's what is upsetting everybody.

If all the siblings and the executors did that, no one would need to be upset.
I know. But when it suited Ted to stay in the house there was no mention of anything. And I know the law doesn't take into account feelings and personal circumstances, but we were devastated to lose our Mum so suddenly (our dad died previously) and to lose the family home at the same time just felt like everybody's roots and ties were being severed. I don't think there is any issue selling it now, we're just trying to be realistic over realising an asset.

I personally never saw the loss of my parents as something that should bring me financial gain, and I see a bigger value in everybody having somewhere to call home (we're all quite transient), that's why some of us will re-invest in another house in the area. My worry for Ted is that he is cutting himself off from the family so much that he won't have that.
 
We did try to make an offer to buy out Ted's share but our offer was turned down (it was just under the value of their share of the asking price).

When you say "just under the value", How much are you talking about 5k, 10k and what reason did he give for not accepting the 40k ??
 
The fact that you haven't had any offers doesn't bode well. Have ye reduced the price throughout the year? Ted is surely foolish for not accepting the 40k offer. Even if it sold for more than 320k he could have an arrangement in place that would see he gets any extra that would have been due to him. TBH, I wouldn't be hasty to reinvest in a house with siblings. You have seen how money can bring out the bad in people so to tie yourself financially to any of them in the future could be a mistake. It's a lovely idea to have a base at 'home' but realistically when mum and dad aren't there home is just not the same anymore.
 
Have you asked Ted how much he would settle for? Always remembering the house was willed to be sold if you're all to get something
 
"Ted has been nasty & horrible in all his correspondence"

Not defending Ted's behaviour, but keep in mind that grief affects everyone in different ways and the death of parents can bring to the surface all sorts of family resentments that were buried for years.

Leave the door open for Ted, when all this is done and dusted - and eventually it will be - you don't want to lose a brother, life is too short.

I think that if a brother behaves like that you will get on grand without him.

Now the parents have said the house is to be sold and the proceeds divided among you all. After a year Ted isnt completely unreasonable in his demands. After all what right have the rest of you to deny him his inheritance.
You have put it up for sale at a certain price. The absence of offers shows that it is clearly above the market price for the locality. Any Judge will ask the question "why not lower the price and see what offers come in?" If this fails then put it up for auction and see what happens. If open sale or an auction does not get a buyer than Ted and the rest of you will have to negotiate an agreement or just wait until you get a buyer
As it stands you are not complying with the wishes of your parents as stated in the will.
 
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