Help-How to sell mums house now she has passed away

mlz1413

Flats where I live often get bought by investors as we have a college and 2 uni's in the town and just outside

one of the uni's tends to have post-grads doing degrees, many from overseas who bring their families for the 2-3 years they are here.

googler

OP, can we take it your father passed away before your mother did?

Are there any surviving brothers or sisters to your mother, i.e. your aunts and uncles?

wee_den

RAS wrote: »

Here is the basic info on intestacy in Scotland http://www.scotland.gov.uk/Publications/2005/12/05115128/51285

You really need a family conversation which ensures that your sister knows she has to move out ASAP. In order for her to gain any priority with housing, you will have to issue her with notice to quit and start eviction proceeding, with or without her consent.

Gosh I will be the biggest baddie ever!!! Will need to get a solicitor, my mum was a widow when she died and I am the eldest sibling and been surrogate mum to the others for years!!

wee_den

googler wrote: »

OP, can we take it your father passed away before your mother did?

Are there any surviving brothers or sisters to your mother, i.e. your aunts and uncles?

Yes there are other siblings of my mum alive and sadly one is also an alcohilic and the other lives off the state and has not worked in the past 20 odd years as he is very overweight and has numerous health problems. Why would it make a difference that they are still about, would they be entitled to some of the estate as well??

BitterAndTwisted

I suspect from Googler's questions the answer to that could very well be "yes"

googler

wee_den wrote: »

Yes there are other siblings of my mum alive and sadly one is also an alcohilic and the other lives off the state and has not worked in the past 20 odd years as he is very overweight and has numerous health problems. Why would it make a difference that they are still about, would they be entitled to some of the estate as well??

I can't recall the sequence in the intestacy rules - someone posted the link above, that'll tell you.

hcb42

My father died about 2 years ago without a will (in England), Mother had died year before, estate was distributed simply between the four children, once one of us had the necessary probate.

you've got to move this sister and get moving on it, seen two separate family situations fall apart around me over last few years (must be of the age when friends parents are all dying at same time as well as my own). One lot have effectively bankrupted themselves, on a much bigger estate by getting sucked into some bad decisions - but their personal circumstances not dissimilar to this situation, and the other family one ran off with the bank account money and still havent sold the house unfortunately in an ever declining market..:(

Easier said than done to start these difficult conversations but they need to be done, and if you are the one who will be doing the work here so to speak then it is important to account for expenses incurred and keep good records of who has had what.

Sadly my own story isnt a lot happier, two of us had to manage everything involved in managing the sale while two others simply wanted to ensure their claim on personal possessions without considering the stress and effort required in selling and house clearing. Brings out the worse in most families

googler

OP, this may be useful, but maybe not bang up to date;

http://www.housingcare.org/downloads/kbase/1407.pdf

ILW

Normally all offspring will be entitled to an equal share of any estate if there was no will.

googler

OP, back to the title of the thread - HOW to sell the house.

Hire a solicitor or estate agent. Whilst some will require upfront monies as a marketing fee and for the Home Report, some offer deferred payment schemes whereby these can be deferred until time of sale. The majority of EA/solicitor fees are deducted from the proceeds of sale, so you won't need to find these from your own pocket.

However, at the moment nobody can sell the house because there isn't an executor-dative. You'll need a solicitor for this, and you may want to consider hiring a multi-discipline solicitor so that executry and house sale can be carried out under one roof. Again, fees for the executry work can be deducted once the assets of the estate are realised, gathered in and distributed.

Call in the local pet rescue to take your sister's dogs/cats in before you turf her out.....