sister wont leave my decesed mothers house

Jowo_2

You are all set for a fall-out anyway, should your sister not come up with the funds which is a strong possibility. This is because of your sister's sense of entitlement, corrupt nature and exploitation of her siblings goodwill.

Is there any possibility that your sister could be devious enough to pretend to have secured funds in order to stay longer in the property, coming up with all sorts of excuses to explain the delay in passing the payment onto you? If so, you will have to establish a strategy to combat this risk.

RAS

bluecab wrote: »

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!

The starting point might be to stop paying any of the bills for the house, whilst she is occupying the house. She is gettign benefits to pay for them.

RAS

bluecab wrote: »

(her car is registered to that adres for cheaper car insurance)

Which probably invalidated her car insurance!

Errata

I'm sure the OP will want to contact the Council Tax and Water people to let them know her mum has died, and to ask what the position is regarding future payment.
Council's usually give a 6 month CT holiday if a deceased person's house is unoccupied, but if the OP explains that sis stayed with mum for 7 weeks to look after her because she doesn't work and receives benefits and she is still there although her address is 7 Nelson Mandela House, Sametown, but she hasn't gone back to her own home just yet

clutton_2

i think you and your brother need to go to get legal advice. some solicitors hold surgeries - free 20 minutes....

have either of you got a freee legal helpline with your own homes property insurances ?

bluecab

clutton wrote: »

i think you and your brother need to go to get legal advice. some solicitors hold surgeries - free 20 minutes....

have either of you got a freee legal helpline with your own homes property insurances ?

will check my insurance, thanks again for your help.

456789

I agree with the majority that it would seem that a falling out is unavoidable

It does appear that your sister is taking advantage - try and get some legal advice

sp1987

Take legal advice.

As much as you may feel for your sister not having her own home like yourself and your brother she has a council property with rent paid for her. You should be able to have your share of the home available should you need it. You may want to help a child through university or ensure you have sizeable savings for a rainy day. Why should she prevent you and your brothers financial security just because she prefers to live there? If she does not pay rent etc it is hardly like she has expensive outgoings and her received money may help her to buy her council property. The unused council property is selfish in itself as many families are desperate for a secure home.

Money interferes with a lot of relationships but in this instance she is being unfair to you both and you may resent her long term for keeping you from what mum would have wanted you, her and brother to have equally. Her living in it means she benefits solely.

clutton_2

if you put the house up for sale with an auction company - internal viewings may not be necessary

pinkshoes

Call a meeting with your brother and sister, and lay the options down for her. Make it clear that ONE option WILL be going ahead. Options are:

1) She cooperates with the sale of the house through an EA, you get a good price and get 1/3 each. In the mean time, you will not notify the benefits office of her asset, and you will not notify the council that she has a second property and is not living in the council house.

2) You sell the house via auction (2 out of 3 owners wishing to sell gives a majority), stating that the house is not available for internal viewing. Tell your sister that this will get a lower price, and thus her share will be much lower, and you will be onto the benefits office and council office first thing the next morning to notify them both of her current asset, and the length of time that she's owned it, and even give them proof she's insured her car there. You will also notify the council she is living there (thus making her liable for council tax), and you will notify the gas, electricity and water companies that the house is occupied by her alone, so she'll have to pay all the bills.

3) She buys you out, but needs to come up with the funds in 7 days. If not, she has to choose option 1 or 2.