sister wont leave my decesed mothers house

noh

Jowo wrote: »

Where are you with the probate? Whose name is on the deeds?

If the sister is a joint owner, does this not mean she's entitled to have access and residency? I don't really have enough legal knowledge when it comes to joint ownership of property but got the impression from previous threads that a joint owner is entitled to live in their property.

Exactly.
It has already been established that the 3 siblings are joint owners of the property having been gifted it 10 years or so ago.
The sister living in it has as much right to access and use of the property as the other two.

A question for the OP have you established what the ownership status is?
Do the three of you own it as tennants in common or as joint tennants?

Credit_Jake

Wow so much for family, I know if I was in that situation I'd do everything to help my sister out. I'm sure your mum wanted for this to happen, I know you’ll spout some crap about she's not willing to help herself but seeing as she's had no one to help her it would be hard for her. She might have had all the same chances as you but for whatever reason she hasn’t succeeded. You could take this opportunity to really help her out, with the security of the house she could look for a job, start paying rent to you and your brother and enjoy the rest of her life as you are already doing so.

But I guess you see your mum’s house as a ticket for a new car and a fancy holiday, banishing her to her council flat no doubt until her death. Money is obviously more important to you than family. Some people disgust me.

Oldernotwiser

edgex wrote: »

the OP has said that she is 44, & hasnt worked since leaving school
so assuming she left school at 16, thats 28 years
& i cant believe she would have been able to keep claiming benefits for all that time, surely JSA & others would have been stopped?

There's no time limit on claiming JSA but the OP said that the sister is claiming disability benefits.

Willsnarf1983

edgex wrote: »

but DONT let her stay in the property
once the deadline has been reached, thats it, she has to be out of the property.
if she still wants to waste everyones time trying to find a mortgage, she can do it from her own flat

you also need to get all the services finished & paid up to date
& start clearing the property out, it should be in a state where its ready to be viewed & sold

just interested here but how do u actually get her out if she becomes stubborn and stays put on the deadline, I don't think u can unfortuantly I think u'd have to go through courts etc

Will

Jowo_2

Credit_Jake wrote: »

Wow so much for family, I know if I was in that situation I'd do everything to help my sister out. I'm sure your mum wanted for this to happen, I know you’ll spout some crap about she's not willing to help herself but seeing as she's had no one to help her it would be hard for her. She might have had all the same chances as you but for whatever reason she hasn’t succeeded. You could take this opportunity to really help her out, with the security of the house she could look for a job, start paying rent to you and your brother and enjoy the rest of her life as you are already doing so.

But I guess you see your mum’s house as a ticket for a new car and a fancy holiday, banishing her to her council flat no doubt until her death. Money is obviously more important to you than family. Some people disgust me.

The mother gifted the house to all three of her children. If she felt one was particularly disadvantaged or vulnerable, she could have gifted the property in its entirety to the sister. Therefore the mother deliberately wanted to reward all of her children equally - it is her will to treat them the same.

The OPs sister already has her own property as a secure tenant with the council.

The OP believes that her sister is a lazy duplicitous scrounger who doesn't deserve to be gifted tens of thousands of pounds of income. The borther and sister have their own families to think of and support.

edgex

noh wrote: »

Exactly.
It has already been established that the 3 siblings are joint owners of the property having been gifted it 10 years or so ago.
The sister living in it has as much right to access and use of the property as the other two.

A question for the OP have you established what the ownership status is?
Do the three of you own it as tennants in common or as joint tennants?

but surely not exclusive use
which is what she is doing

& not the right to have the mothers estate pay for her bills
which is what she is doing

& not at the same time that she is 'claiming' a property & benefits from the council, when she is not using that property

if she wanted to be the only person living in the property, she would have to arrange this with the other joint owners
which from what has been said so far is not the case

whilst the mother was living there, it would seem none of them had a problem with that, as it was the mother to the 3 people that owned the property.



she shouldnt be continuing to live in the property without the agreement of the other 2 owners, & she should be responsible for the day to day bills.
they may have to come to some arrangement for any structural bills that occur, but all the usual stuff, gas, electric etc, that is for the occupier to pay.
it may even have to be agreed that she pays some rent, because if she wasnt there, they could rent the property out.




& if she does own 1/3 of a property, the council & benefits offices should know this, as it could affect her benefits.

edgex

Willsnarf1983 wrote: »

just interested here but how do u actually get her out if she becomes stubborn and stays put on the deadline, I don't think u can unfortuantly I think u'd have to go through courts etc

Will

you do everything that the OP has so far been told to do, ie. getting the utilities stopped & paid up to date

start clearing out the furniture etc, as per any instructions in the will

sort out the council tax, by informing the council that the mother is now deceased, & that the sister had been living there to care for her, & is currently living there. theyll soon realise that she's already got a property from them.
if they know that the sister is living in the property, theyll send her a council tax bill.


basically, you make it so that its almost unliveable in
not by wrecking the place, but by turning off everything thats used in day to day life.

noh

edgex wrote: »

but surely not exclusive use
which is what she is doing

& not the right to have the mothers estate pay for her bills
which is what she is doing

& not at the same time that she is 'claiming' a property & benefits from the council, when she is not using that property

if she wanted to be the only person living in the property, she would have to arrange this with the other joint owners
which from what has been said so far is not the case

whilst the mother was living there, it would seem none of them had a problem with that, as it was the mother to the 3 people that owned the property.



she shouldnt be continuing to live in the property without the agreement of the other 2 owners, & she should be responsible for the day to day bills.
they may have to come to some arrangement for any structural bills that occur, but all the usual stuff, gas, electric etc, that is for the occupier to pay.
it may even have to be agreed that she pays some rent, because if she wasnt there, they could rent the property out.




& if she does own 1/3 of a property, the council & benefits offices should know this, as it could affect her benefits.

I don't believe she is excluding her two siblings from using the house. They have the right to use the property too.
She doesn't need the agreement of the other two to live in it.
If the sister living in the house wants exclusive use then she should be paying some rent.
She should of course be paying all the utility bills and council tax if she is the only one living there.

timmmers

noh wrote: »

I don't believe she is excluding her two siblings from using the house. They have the right to use the property too.
She doesn't need the agreement of the other two to live in it.
If the sister living in the house wants exclusive use then she should be paying some rent.
She should of course be paying all the utility bills and council tax if she is the only one living there.

Yeah...how can she not be responsible for bills etc?

Legal fees could ramp up on this if you aren't careful.

I think you just got used to your sister taking the !!!! and she knows it.

No way she can claim benefits on 2 houses unless she's an MP or something ?

Best of luck

t

Credit_Jake

Jowo wrote: »

The mother gifted the house to all three of her children. If she felt one was particularly disadvantaged or vulnerable, she could have gifted the property in its entirety to the sister. Therefore the mother deliberately wanted to reward all of her children equally - it is her will to treat them the same.

The OPs sister already has her own property as a secure tenant with the council.

The OP believes that her sister is a lazy duplicitous scrounger who doesn't deserve to be gifted tens of thousands of pounds of income. The borther and sister have their own families to think of and support.

It's family which to me is more important than any amount of money. I currently own part of a house that our family bought for my brother as he lost everything through his selfish behaviour and became homeless. Sure it wasn't pretty funding 20k for a house when I know I won't see that money for a few years but he has turned his life around and is saving for a deposit for a house of his own. Depending on when we sell the house I may not even get back my full amount back but to see that my brother is happy in his new life means more to me than anything that initial 20k could of bought.