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Legal, pensions and money

No executor capable of sorting out house etc

(32 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.

M0nica Wed 03-Nov-21 23:44:38

GSM as I understand, unless the OP corrects me, she and her brother are childless and have no other relations able to fill the role.

Germanshepherdsmum Thu 04-Nov-21 09:53:25

Yes MOnica that’s my understanding so unless they have other relations or good friends who they are leaving money to and who are likely to be mentally capable of acting as executors (with the help of a solicitor perhaps) I think the only option is to appoint a solicitor.
greenlady the office might have closed and the partners might have gone their separate ways (even c/o HM, it happens) but the business would have been taken over and if they had all become insolvent or gone to prison the Law Society would have appointed another firm to take over the business and that firm would have succeeded to the executorship if the will was correctly drafted. A firm in which I was a partner was appointed to deal with the business of a sole practitioner who had been sent down for fraud. I hope you have understood my point about correct drafting so that the executors are the partners of X firm or any successor to its business.

Fennel Thu 04-Nov-21 17:31:54

Interesting discussion - it's a topic we tend to avoid.
Apart from being complicated for someone without training it can also end up with disagreements.
I was executor for my parents' wills but luckily my Dad's will was diacussed first with the family and no-one seemed to feel hard doneby.

Deedaa Thu 04-Nov-21 17:44:27

My godmother died earlier this year and I was contacted by her solicitor. She was 100 with only me and three relatives left. her solicitor is her executor and has been sorting out the sale of her flat, the settling of her care home fees and the funeral costs. He's just waiting now for a final figure for the headstone before he can start disbursing the money.

Germanshepherdsmum Thu 04-Nov-21 17:58:15

My condolences Deeda. The solicitor sounds communicative and organised. Your godmother chose well.?

M0nica Thu 04-Nov-21 20:41:45

I have both executed wills and handed it all over to a solicitor. Simple wills with few assets are simple to do yourself. Once property, investments and multiple legacies are concerned, especially where charities are concerned, it is best to use a solicitor.

I have seen charitable legacies be very bruising, so, although I have left money to charity in my will, I have not specified which ones, leaving it to the discretion of my executors, who will know which charities I am supporting at the time of my death.