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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7072
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I have been asked to appoint trustees mother s will .I am

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I have been asked to appoint trustees for my mother s will .I am reluctant to do this or take on the job myself as my sister is living in the house which was my mother's and left in trust for myself ,my sister and brother.The reason I do not wish to take this on is because my sister is a hoarder and the house is a complete mess ! I do not wish to become liable for bills which may result from the state of the house and my sisters actions .I would be most grateful for any advice you could provide .
Ok I am not clear why it has fallen upon you to appoint trustees .Where there is a Will the person making it will usually appoint "Executors and Trustees".They do have a different albeit similar function.The job of the Executors is to turn the estate into cash pay the estate debts and distribute it.The job of trustees is to deal with any gifts that do not involve immediate distribution such as gifts to children which trustees have to look after until it can be given to the beneficiary and where a house if left with a life interest as here.The duty of the life tenant is to keep the house in good condition but I appreciate that will not happen here.However, property invariably goes up. When the time comes you clear it get it decorated , sell it and divide it in accordance with the terms of the Will.Two additional points , the local council can take action if hoarding causes problems to the neighbourhood or occupant such as infestation. They can , ultimately, clear it and charge the occupier for the cost.But it is also accepted that hoarding is a sign that help is needed and there is help out there in the form of charities to help hoarders.I hope this helps if there are any further points please reply and I will be happy to respond.Best wishesMichael
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Customer: replied 1 year ago.
My mother should have appointed trustee s when she made her will ,however because it was a handwritten Will she did not do this .I understand from what you have said that if I and my daughter became trustee s then we should not incur expenses as a result of the condition of the house or subsequent bills that may result .I assume until my sister ethier moves or dies then it would not result in any legal work or expense ? Hope I have tis correct ? Regards linden
Dear LindenI assume that the handwritten Will allows your sister to live in the house until she dies or decides to leave and then the house is to be sold and the proceeds divided. Does the Will mention who pays for the upkeep of the house whilst she lives there?Michael
Customer: replied 1 year ago.
She pays for the house bills etc but the house is falling into a state of disrepair due to neglect .as it is a terrace house I am a little concerned it could be detrimental to neighboring properties and as a part owner I wondered if I and my brother ( or trustees ) could be held responsible ? Linden
There are certain powers that the local council have regarding property that presents a nuisance either in terms of infestation or just being an eyesore. Generally speaking this involves writing a letter demanding certain things are done within a certain period.If they are not done the council comes along does them and bills the occupier.Even assuming the council look beyond this basic scenario, no , you will not be held liable.I hope this helpsBest wishesMichael
Customer: replied 1 year ago.
thanks very much ,very helpful .regards linden
Dear LindenMy pleasureMichael