sister wont leave my decesed mothers house

bluecab

This is a difficult one, my brother and i have both worked hard all our lives and my sister has claimed benifits and never married, we both have nice houses and my sister lives in a council flat, she has been recently looking after my sick mother who passes away leaving her house to the 3 of us ( its in 3 names ) my sister says its ok for you 2 you both have got houses and iv got nothing! If we sell the house she will loose her benifits ( quite rightly ) so she seems to be staying put sat with the heating on nice and warm whilst we are paying the bills! She has also said mum wanted me to have the house etc ( remember my mum put it in 3 names 10 years ago )
Any advice on this would be good.
Do we come down heavy and tell her she has to leave or will she just sit tight forever?
thanks in advance

Willsnarf1983

bluecab wrote: »

This is a difficult one, my brother and i have both worked hard all our lives and my sister has claimed benifits and never married, we both have nice houses and my sister lives in a council flat, she has been recently looking after my sick mother who passes away leaving her house to the 3 of us ( its in 3 names ) my sister says its ok for you 2 you both have got houses and iv got nothing! If we sell the house she will loose her benifits ( quite rightly ) so she seems to be staying put sat with the heating on nice and warm whilst we are paying the bills! She has also said mum wanted me to have the house etc ( remember my mum put it in 3 names 10 years ago )
Any advice on this would be good.
Do we come down heavy and tell her she has to leave or will she just sit tight forever?
thanks in advance

1) Ask her to buy you both out
2) tell her to get a job
3) force the sale through, she will still get 1/3rd of the house value and if she can't make something good come out of that then theres not alot you can do...I guess she will still have a few tens of thousends which is a great start for her.

I am guessing she has had the same opportunities of yourself so don't feel guilty pushing the sale through

Will

bluecab

Willsnarf1983 wrote: »

1) Ask her to buy you both out
2) tell her to get a job
3) force the sale through, she will still get 1/3rd of the house value and if she can't make something good come out of that then theres not alot you can do...I guess she will still have a few tens of thousends which is a great start for her.

I am guessing she has had the same opportunities of yourself so don't feel guilty pushing the sale through

Will

yes iv mentioned that she buys us both out but cos she isnt working she cant get a morgage, she says her job is claiming social!
Luckily for us the house is on a majority vote if 2 decide to sell its has to sell but it still wories me that she wont leave and become a sitting tenant!
thanks for the reply.

Willsnarf1983

the honest answer is I don't know, she may make it difficult but I guess its similar to a couple that split where one stays on and refuses to sell and it has to go through the courts to get the sale but as you say its 2 on 1 so it should be alot easier for you.

good luck and keep us updated with how it goes.........

Also if she is getting housing benefit and living in your mums house whilst there is a council house she is using as well then there must be something wrong with that I guess

Will

Oldernotwiser

Willsnarf1983 wrote: »

...

Also if she is getting housing benefit and living in your mums house whilst there is a council house she is using as well then there must be something wrong with that I guess

Will

I think that's a very valid point and one you could use to do a bit of judicious leverage to get her out.

Who is the executor for the estate?

bluecab

this is a good point-
Also if she is getting housing benefit and living in your mums house whilst there is a council house she is using as well then there must be something wrong with that I guess

thanks again i will keep you posted, its still early days but i cant see her getting her bum out in a rush!

Money_maker

She might if by some chance the council got wind of it... although she may use this as an excuse to stay!

CloudCuckooLand

Why are you paying the bills? If she wants to live there, least she can do it heat and light it, until the issue is resolved.

When she has to find that money, and some council tax on top, she might start to realise how precarious her position is.

And putting her name to some utilities might be a wake up call as she ponders her benefits/council flat position.

delain

Claiming benefits for a house she is not living in is fraud, try threatening her with the DWP. Is she on the sick?

bluecab

no one is the executor for the estate, she didnt have much just the house and enough for a funeral, my brother and sister have agreed i should sort the finances out etc. mainly cos my brother works away and my sister cant be trusted - she doesnt like paying bills!!

choille

She's taking both you & your brother for mugs. You should both approach her & ask her when she is leaving as you have arrangements to sell it. If she doesn't take the hint then unfortunately you may need to get a lawyer on board. Tell her that you will have to get a lawyer - let her know you mean to get her out, so you can sell it as that is what your Mother wanted - the proceeds divided equally. Also maybe you & bro should charge her rent - sorry that sounds ruthless, but she sounds as if she thinks everyone owes her.