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Help-How to sell mums house now she has passed away
Comments
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helencbradshaw wrote: »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
Makes me glad to be an only child; in administering my mother's estate, I only had to distribute it to myself, so no-one looking over my shoulder whilst I did.
Still had to go through all the legal hoops, though0 -
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 have no idea about Scots law, but I read the link that was in an earlier post about the intestacy provisions in Scotland. Simplified, that says that you children share the entire estate between you. Nobody else gets a look-in.
In England, you don't need a solicitor at all. A layperson can do all that's required. The information on what to do is all available in books. I imagine the same applies in Scotland. The issue, though, is that you will be on a terrific learning curve, so maybe you do need to appoint a solicitor to guide you. You'll need to negotiate the fees, or this could become rather expensive.
This is going to cost a fair bit to sort out, and I don't understand why your siblings aren't helping a bit here? Your brother spends all his wages at the weekend - pfffft! Surely, he can give his liver a rest for 2 or 3 weeks, so he can give you a few hundred ££s as his contribution to the costs? That can be repaid once the flat is sold, and he can party then.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Sadly, inheritance issues do seem to bring out the worse in people.0
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In England, you don't need a solicitor at all. A layperson can do all that's required. The information on what to do is all available in books. I imagine the same applies in Scotland. The issue, though, is that you will be on a terrific learning curve, so maybe you do need to appoint a solicitor to guide you. You'll need to negotiate the fees, or this could become rather expensive.
I went through the learning curve, and did most myself in Scotland.
The OP WILL need a solicitor for the Executor-Dative petition. That has to be couched in specific legal terms, and if it's not done correctly, the court rejects it, and can do so without explanation.
There's also specific terms that need to be used on the confirmation, but in my experience, although they're not obliged to, sheriff's clerks will correct the form for you. They're only required to assist the public with small estates. Attitudes may vary between different courts throughout the country, though and I may have been lucky with mine.
The OP will need a Bond of Caution, though, and there's only two sources - Sun Alliance and Zurich. Sun will only issue a bond to a solicitor handling the executry, leaving Zurich, who don't normally issue them to individuals, but - as I found, if you're confident and competent in your request (and can pay their fee, which IMHO is excessive for what they provide), then they will.0 -
I'm surprised that precedents for the petition are not easily available, perhaps for a small fee. The wording can be the same for all of them, even if there is no prescribed form.
I've found that court officials are usually very very helpful.
How much did you pay Zurich for your bond?
The following Age Concern linky may help:
http://www.housingcare.org/downloads/kbase/1407.pdfNo reliance should be placed on the above! Absolutely none, do you hear?0 -
I'm surprised that precedents for the petition are not easily available, perhaps for a small fee. The wording can be the same for all of them, even if there is no prescribed form.
I've found that court officials are usually very very helpful.
How much did you pay Zurich for your bond?
I searched in vain for guidance on how to petition the court to be appointed Executor-Dative, and had to admit defeat. The petition itself was couched in semi-Latin legalese, so probably best that way.
Initially, the folks in the sheriff's office were more baffled than hostile that I was doing things myself, but once they realised I was responsible, serious and (I hope) competent, even with a small error in how I'd completed the form, things progressed OK. With their help, I corrected the form, and moved on.
Bond of Caution cost £2,300 for an estate valued at £290,000. For £2,300, you get, in return, a single sheet of A4 paper with the bond printed thereon.0 -
Bond of Caution cost £2,300 for an estate valued at £290,000. For £2,300, you get, in return, a single sheet of A4 paper with the bond printed thereon.
Plus presumably the odd occasional need for them to put their hand in their pocket.
Did you find out how much the bond would have cost if taken out through a solicitor doing the full job?No reliance should be placed on the above! Absolutely none, do you hear?0 -
Hi
Sorry to hear about the difficulties you are having.
If you want to look at selling I may be able help you with that and it won't cost you a thing.
I have managed to sell on properties in the past for other people. If you're interested, you can PM me anytime.
Thanks0 -
Plus presumably the odd occasional need for them to put their hand in their pocket.
Did you find out how much the bond would have cost if taken out through a solicitor doing the full job?
The bond would have cost much the same, but rolled into the solicitor's bill.
Sorry, I don't understand the first remark.0 -
The bond would have cost much the same, but rolled into the solicitor's bill.
Sorry, I don't understand the first remark.
What I meant was that the bond is an insurance policy, so it's not just the bit of paper. Occasionally, they'll have claims. It does sound like good business for them, though.No reliance should be placed on the above! Absolutely none, do you hear?0
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