Can I force a sale only having a 50% ownership?

Asiacat

My situation is that my mother died a few days ago and has left her house (Approximate value 150,000) to my sister and me.

We both now reside outside the UK 6000 miles apart.

Now to say that I don't get along with my sister is an understatement. I have no contact with her whatsoever.

Now what i expected was that the house could immediately be put up for sale and in a few months when it was sold the proceeds could be divided up between the two of us and we could both go our separate ways.

I have spoken on the phone to my brother in law who has said that my sister is too distraught to even consider selling the house and it will be next year before they could even think of selling the house.

So we have a situation where there is a house in the UK standing empty while my sister and I are thousands of miles away and no progress will be made before they decide to get round to selling it.

What are my rights? Can I insist on the property being sold when I have only a 50% ownership or do I just have to sit tight until they get round to putting it on the market?

DVardysShadow

You don't get your hands on the house straight away. It now belongs to the estate of your mother and control is in the hands of the executor of the estate. So, who is/ are the executor? Does the will specify that the house is split or that the proceeds of the sale of the house are split? If there is any choice in the matter, it is probably better to have the executors pass your share of the value to you - if your sister will buy you out.

poppysarah

If you both live outside the UK then who will deal with selling/clearing the house?
Who's executor (as someone else has asked)
Who's organising the funeral?

Asiacat

poppysarah wrote: »

If you both live outside the UK then who will deal with selling/clearing the house?
Who's executor (as someone else has asked)
Who's organising the funeral?

My sister and her husband are currently in the UK and the funeral has already taken place. They fly out in a week's time and will then be out of the UK indefinitely.

I have the name and email address of a UK solicitor who is the executor of the will.

poppysarah

Asiacat wrote: »

My sister and her husband are currently in the UK and the funeral has already taken place. They fly out in a week's time and will then be out of the UK indefinitely.

I have the name and email address of a UK solicitor who is the executor of the will.

So it's not like either of you will be sorting through the personal effects then? (That's the only reason I could see for there being a choice on delay - if it was down to her to actually go and empty the house)

Speak to this solicitor. Ask them how the charges work out on various options.

Asiacat

A few points regarding some of the replies:-

1. my mother's death has devastated me. I would much rather have my mother back than have the house.

Anyone who has been through this experience will be able to empathize with me.

2. An unexpected death raises many questions, practical issues and also a lot of decisions on what to do regarding the will and disposal of any assets. I simply asked a question on what my position was regarding joint ownership and my related rights over an asset that has been passed on to me.

3. I don't live in the UK haven't set foot in the country since 2001 and doubt I ever will again and am trying to sort out some issues from 6000 miles away.

What am I supposed to do with the inheritance pretend it doesn't exist?

Johnhowell

Asiacat,

You and your sister are not executrixes of your mothers estate you are only beneficiaries. Therefore the executor (solicitor) will carry out the wishes of your mothers will. He his responsible for the settling of the estate - pay debts, gather monies owned, and then distribute.

If the will makes no mention of keeping the house for a particular reason, then it will be sold. I do not think you nor your sister really have a say, and definitely can not force the sale (unless you go to court?)

Good luck,
John

hcb42

Asiacat wrote: »

A few points regarding some of the replies:-

1. my mother's death has devastated me. I would much rather have my mother back than have the house.

Sorry for your loss.

Anyone who has been through this experience will be able to empathize with me.

I have. We didnt get my parents house on the market immediately, indeed it took us about five months, which went into the following year. Your sister might be feeling the same. She might be reacting differently to you, and your BIL is being completely honest when he says she cannot deal with it now. Especially if your relationship is so sour. THe feud cannot be doing either of you much good to be honest.

2. An unexpected death raises many questions, practical issues and also a lot of decisions on what to do regarding the will and disposal of any assets. I simply asked a question on what my position was regarding joint ownership and my related rights over an asset that has been passed on to me.

3. I don't live in the UK haven't set foot in the country since 2001 and doubt I ever will again and am trying to sort out some issues from 6000 miles away.

What am I supposed to do with the inheritance pretend it doesn't exist?

Deal with the executor, if it isnt one of you. If there is no will (not sure if you have automatically inherited without a will - we did - then you need probate anyway.

You living outside the UK wont change in 4 more months when we are into next year. You will have to speak to Sister and BIl about what needs to be done in terms of taking care of it, how you will deal with it, pay for it, manage the estate, and then perhaps prepare it for the market in the new year, if you tell them ok, lets do it in January, it will be here before you know it.

Hope that helps.

Mojisola

Asiacat wrote: »

I have the name and email address of a UK solicitor who is the executor of the will.

As others have said - speak to the executor and find out exactly what the will says. The executor is responsible for maintaining and clearing the house.

Nothing will happen for several months.

hcb42

probate doesnt have to take a long time....

it's ok making someone responsible - the fact is it is the personal possessions of their mother.

There is no way a stranger would have cleared my parents home either.