sister wont leave my decesed mothers house

bluecab

yes she is on long term sickness, still manages 3/4 holidays a year and knows every trick in the book when it comes to the benifits, whats annoying is she calls me and my brother for having nice houses etc. says its ok for you in your comfy house iv got nothing! im sure you are getting the picture by now.

Oldernotwiser

Be ruthless - kick her out by any means you can!

Fire_Fox

bluecab wrote: »

yes she is on long term sickness, still manages 3/4 holidays a year and knows every trick in the book when it comes to the benifits, whats annoying is she calls me and my brother for having nice houses etc. says its ok for you in your comfy house iv got nothing! im sure you are getting the picture by now.

Report her for benefit fraud and stop paying her bills as you have been advised: what else do you want us to say? Or make your mother's house uninhabitable by cutting off the water or breaking the electricity circuit breaker. She either has a council house as her main home for which she is claiming benefits, and she has an asset that needs declaring OR your mother's house is her main home in which case she can't get help with the council house.

Jowo_2

I think you should donate the property to your sick sister.

Eyesparky

bluecab wrote: »

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!!

If there is a house in the estate I would imagine the estate is worth more than £5,000 so you will need to apply for probate and someone will need to act as executor and officially take on the responsibility of the role ... I am guessing you would be the one to do so. You then need to apply for probate and when granted will be responsible for selling any assets and distributing the estate, after fulfilling any inheritance tax obligations etc.. When you apply for probate you will likely need to get your siblings' signatures on a form saying they waive their right to act as executor or reserve it (ie should you be unable to carry out the role for some reason your brother would be able to apply to take over etc.)

Shakethedisease

How long was she looking after your sick mother for ?

..not that it matters really, but you have painted quite a bad picture of someone you say was recently looking after your mum till she passed away.

You're going to do it anyway, so just sell. Make sure you're ok with never speaking to her again though. Shouldn't be too hard since you don't seem to like her very much anyway.

bluecab

Jowo wrote: »

I think you should donate the property to your sick sister.

maybe i should get the boiler serviced and new double glazing !

bluecab

Shakethedisease wrote: »

How long was she looking after your sick mother for ?

..not that it matters really, but you have painted quite a bad picture of someone you say was recently looking after your mum till she passed away.

You're going to do it anyway, so just sell. Make sure you're ok with never speaking to her again though. Shouldn't be too hard since you don't seem to like her very much anyway.

she been looking after here for about 7 weeks max and called me and my brother for not doing enough but we work and she doesnt.
I dont want to fall out with her but think she is taking us for a ride!

think probate seems the best way forward.
thanks again

Eyesparky

PS Probate (or process of intestate if there is no will) is a legal requirement on an estate over circa £5,000. I assumed above that there was a will as you mentioned the house to be left to the 3 of you. Either way the process on a simple estate is similar but intestate follows a proscribed set of rules for the distribution of assets which is more complicated than if there is a verifiable will. The tax man will require you to fill in all the appropriate forms and agree the value of the estate if below IHT threshold before probate will be granted. If above IHT threshold you will need to pay the tax on the estate (and fill in much longer forms ).

noh

Im a bit confused by your original post. I have highlighted some of the text below:-

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 )

Did your mum have a will ?

Was the house part of her estate?
Or did she transfer the ownership of the house to her 3 children 10 years ago as you seem to suggest above?