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Legal, pensions and money

No executor capable of sorting out house etc

(31 Posts)
truman Tue 02-Nov-21 18:24:44

I am ten years older than my brother and I am in my late 60s. I am married with no children. He is not married, has no children and looks after our elderly mother. My worry is if he dies before me, say in the future when I am 90 and he is 80 I probably wont have the mental capacity or energy to be an executor of his estate. The legal things are a worry, but worse would be who would sort out his house, sell items, keep family items safe, put the house up for sale. I dont live near him and even if I did I know I could not organise all this. it would be a challenge now never mind in the future. There are no other relatives who could step in either. The same applies to me when I die. He would have the same problem. Both of us would be too old to do any of this. Our mum is in her 90s. Mentally she is ok but frail. Looking at her I know she would not be capable of sorting out anything, it would be too much, so the same would be true of us when we get to that age. This problem must apply to a lot of people when they get older. Not so much in the past as people did no own their own house they rented, so it was just a case of emptying the property. Do the council have a team that can step in to sort out things? Its a worry that preys on my mind for the future.

Mattsmum2 Tue 02-Nov-21 18:31:27

It must be such a worry but hopefully you can make it easier. Have you all made wills? Are there charities that could benefit from your legacy?
I would try to get as much done now while you can, declutter, sell or put aside. You say keep family items safe? For who?
It maybe that some charities would do everything for you if you bequest to them?

I hope you’re able to find a way to eventual peace with decisions x

M0nica Tue 02-Nov-21 18:56:12

When you make your will, make your solicitor your executor. It is quite a common procedure and a lot of people do it for a host of reasons.

Here is a useful link www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney/what-do-executors-do/

Nonogran Tue 02-Nov-21 21:01:07

I agree with M0nica. Give AgeUK a ring. I’m sure they must have come across this dilemma before or, can point you in the right direction.
I think you’ll probably have to appoint a solicitor to execute your respective estates. It’s not unusual to do so but AgeUK can tell you what’s a good idea and best, given the circumstances.

MissAdventure Tue 02-Nov-21 21:28:10

That link you gave, M0nica, is excellent!
It leads to lots and lots of other really helpful resources. smile

M0nica Tue 02-Nov-21 22:37:32

Age UK have a bevy of useful fact sheets. I was a Home Visitor (voluntary) with them for some years and I think they really ought to publicise them more because so many of the queries that come on GN, I just google Age UK and offer a link to a fact sheet

MissAdventure Tue 02-Nov-21 22:42:20

They really should publicise all that they offer.
I went down a rabbit hole of links to click on.

I'll have to set aside some time and look through them all properly.

I think they have far more info than the citizens advice bureau website.

Katie59 Wed 03-Nov-21 09:18:26

My aunt was in this position, she arranged it all herself, bit by bit threw out all the rubbish, sold anything she didn’t need, left a few things to family members.
When she died her niece had very little to do, even the funeral had been planned in detail and paid for in advance

Hetty58 Wed 03-Nov-21 09:30:43

truman, there's no point in wasting energy worrying about 'maybe' future scenarios. The best you can do is explore the options, put something sensible in place, such as M0nica's suggestion - then forget about it.

I'm sure that, once we're old and frail, at 90 - we're certainly no longer expected to be executor or sort out a house!

Katie59 Wed 03-Nov-21 10:47:45

What happens when no executor is available and no solicitor involved, who decides what needs doing.

Rosa44 Wed 03-Nov-21 10:56:57

I have been an executor 3 times - all 3 experiences were awful…
I wasn’t asked on two of the occasions, but it was in the will, so I felt obliged to carry out the duties.
As MOnica says, best thing is to appoint a solicitor, and declutter as much as possible while you can. These 2 things might alleviate your worries quite a bit. Good luck x

Smileless2012 Wed 03-Nov-21 11:00:42

It really is advisable to have a solicitor involved in making the will Katie in which case I would think they, or the firm they work for, will step in.

These things are so important, it makes me angry that the information is so difficult to find and then when you do, not the easiest to make sense of.

Great link M0nica.

Germanshepherdsmum Wed 03-Nov-21 12:08:53

I agree with MOnica, as usual! You really should make wills appointing the solicitor as your executor. The usual way this is done is to appoint all the partners in the firm to be executors so if the solicitor who does your will retires another can take his place and the others stand down. As a partner in a law firm I have stood down many times whilst another partner acted as executor. Your solicitor will advise on all this. Obviously don’t use a sole practitioner (one man band) for this reason. The solicitor will advise on all this. He will also as executor arrange for house clearance and distribution of whatever legacies you decide to leave. He can reassure you on the ‘what if so and so dies first’ issues. The council will only clear a private property in exceptional circumstances by the way.
At the same time do put in place powers of attorney to enable everyone’s affairs to be dealt with if they become mentally incapable. This will ease your mind and will be money well spent. Getting this done stops so much worry.

greenlady102 Wed 03-Nov-21 12:33:12

BE CAREFUL about appointing a solicitor (or company of solicitors, as an executor. My own solicitor, who wrote my and my late husband's wills told me this and since that I have had experience of a friend having a great deal of trouble because of it. If the solicitor retires or dies or the firm closes for any reason, tracking down the solicitor and getting them to act or to renounce the executorship is very hard indeed and adds extra complications to the will. Her mother had named a solicitor who had since retired and my friend had no end of trouble tracking him down to get him to renounce the executorship. He was entitled to charge a fee to do it (but he didn't) and that fee can be pretty much as much as they like. I understand if the solicitor has died, there will be processes and fees to "release" the will from their executorship, but none of it cheap or easy. Anything that needs to be done can be organised to be done by solicitors, house clearance and so on at the time on a price per job basis. If there are beneficiaries, the easiest thing is to name one or more of them as executors. If there is no will then the local council will try briefly to identify an heir and if they can't find one will clear the house and do the essentials. After that the estate goes on the bona vacantia list (Heir Hunters) If the whole estate is left to a charity then they can also be named as executors.

Germanshepherdsmum Wed 03-Nov-21 12:41:03

greenlady that is exactly why the correct procedure, as I explained, is for the will to appoint all the partners for the time being (i.e. at date of your death) of XYZ firm (or of any firm succeeding to the business of XYZ firm) to be the executors and that is what a good solicitor will do. As always pick your solicitor with care.

Katie59 Wed 03-Nov-21 13:30:13

“If the whole estate is left to a charity then they can also be named as executors.”

That’s an interesting option might suit quite a few.

Be careful appointing any professional as executor, the fees can be very high if they do all the work. Better to appoint family or friends as executor, they can ask a professional to help if needed. As executor you can charge expenses

greenlady102 Wed 03-Nov-21 14:10:13

Germanshepherdsmum

greenlady that is exactly why the correct procedure, as I explained, is for the will to appoint all the partners for the time being (i.e. at date of your death) of XYZ firm (or of any firm succeeding to the business of XYZ firm) to be the executors and that is what a good solicitor will do. As always pick your solicitor with care.

In my friend's case the whole company had closed so its not foolproof!

Germanshepherdsmum Wed 03-Nov-21 14:33:17

The business would have been sold on greenlady. They always are. They are worth money. A correctly drafted will would cover that eventuality.

M0nica Wed 03-Nov-21 14:37:52

Katie59 This is the problem, the OP doesn't have any friends or family in a position to act for them.

FindingNemo15 Wed 03-Nov-21 14:49:49

We do not have anyone to act as executor. Last week I asked how much it would cost if the solicitor did it and was quoted £185 + VAT per hour, but who keeps tabs on how long or little amount of time he spends doing that.

It is very vague and something else to worry about.

M0nica Wed 03-Nov-21 14:56:25

When we have employed a solicitor to undertake the legal work on an estate, it has usually been quotes as a % of the estate.

Germanshepherdsmum Wed 03-Nov-21 14:59:11

If you have a will you have to have an executor FN. A solicitor won’t be able to give you a precise figure for administering an estate as it depends on how much work is involved. Sometimes there’s not a lot, sometimes it’s more complicated. He would have to keep a record of time spent, I assure you an hourly rate (and what he quotes is low) is not a licence to print money.

Germanshepherdsmum Wed 03-Nov-21 15:02:14

Yes MOnica a percentage of the estate is often agreed but if the estate is small the percentage can look horrendous. Usually done on a reasonable sized estate where a percentage that will cover the likely work looks more acceptable.

M0nica Wed 03-Nov-21 18:26:01

The OP mentions a house being among the assets of the estate. so unless she lives in a 2 up/2 down in an area of extreme deprivation somewhere in the north-east (sadly), that should be sufficient to trigger a % quote.

We were in Morecambe recently, a beautiful place with a lovely seafront and spectacular views, but the poverty and deprivation of the town made me want to weep.

Germanshepherdsmum Wed 03-Nov-21 18:51:35

Yes MOnica, I count my blessings! Without knowing anything of the likely value of FindingNemo’s estate it’s impossible to know whether a percentage could reasonably be agreed. What troubles me is her comment that there is no executor. Is that because there is no will or because the named executor has died/become incapable/become estranged? Whatever the reason it’s a situation that needs fixing.