Legal Advice Needed-Dispute Over Late Mothers House

DebbsUK

I am lost as to where to get any free legal advice with regard to a family dispute over the sale of my late mothers house. Myself and two brothers are equal owners as there was no will. Its a long and complicated story, but basically, the youngest brother lives in the house as he had lived with my mother until she died. We had agreed that after a year we would put the house up for sale, only he has now severed all contact. He is the only one with any keys to the house and refuses point blank to sell. The other brother like me wishes to sell, but dont know who to contact. We are all in reciept of benefit so have limited income. After making a few enquiries with a few solicitors, I understand that this would have to go through the courts, we need someone to act on our behalf and be able to pay them from the proceeds of the sale if possible. I realise this will be costly but dont see any other option.

The saddest part of this all is my mother didnt want the youngest brother to have anything of hers if she died and was in the process of making a will but was too late. This younger brother has taken possession of all my late mothers belongings aswell as the house, myself and my brother have had no say what so ever.

In short any advice would be welcomed as to where we should go from here.

holly_hobby

If your brother refuses to sell the property, or engage in any negotiations, and you want to sell, then this will have to go the court route I am afraid - for a court appointed order of sale. As you are on benefits, you may want to contact CAB to see if there are any note of solicitors who will pefrom reqd legals for deferred payment, or if you qualify for any fee assistance (which is doubtful due to the nature of the action, but worth checking out).

In addition, as part of the action you may wish to include the division of the chattels which you say your younger brother has entirely taken possession of. As your Mum died intestate (i.e no will) her total estate and chattels should be equally divided between (in this case & from your post assuming no surviving Spouse) all surviving issue.

Hope this helps

Holly

DebbsUK

Thank you for the reply Holly, will give CAB a try and see where that takes me.

holly_hobby

Best of luck Debbs ..

Wish you well & speedy conclusion to the situation ...

Holly

G_M

The above advice is true, but just to add that your lack of keys is irrelevant. If you wish to take more direct (confrontational) action, then go in. Start 'living' there. Remove some of your mother's (your) possessions.

Has ownership of the property been transferred at the Land Registry into your joint names? If not, who were the Executers, and why not?

If so, pay £4 and download a copy of the Land Regisry Title here, go to a local locksmith, show them the Title, and pay them to break into your house (and put a new lock on?). You own this property so cannot be excluded.

Your brother is living in a house you own 2/3ds of (with your other brother). He should therefore be paying you rent! 2/3rds of whatever a full rent would be.

I hope you get good CAB advice on all this. Try searching for a neighbourhood law centre too.

DebbsUK

Hi G_M, living there is not an option for myself or other brother as the one living there is too volitile and likes to throw his weight about. The Land Registry has all our names on it and I have a copy of that. There is no mortgage on the house, so would we still be able to ask him to pay rent if he wont sell up? I have tried CAB in the past but they were not too helpfull, but will try them again. Thank you for your help.

tyllwyd

Is there any option for you and your other brother to sell your shares in the house to the brother who is still living there? Even if you have to accept less than you might have hoped, it would save on court fees, estate agents fees and all the rest.

Alter_ego

You say all are on benefits, have you declared ownership of the house to Benefits Offices? If not be very careful.

Errata

Who applied for Letters of Administration from the Probate Office? Anyone? If nobody has, that must be done before the estate can be dealt with.

DebbsUK

Umm no havent declared that as didnt know I had to, bit niave with all this stuff, but will get right on it. In answer to errata, we were all admins, the monetary side has been dealt with, through a lot of badgering as this is all both my brothers wanted, I didnt care. My sole purpose of sale is 1, to get the youngest out of the house he says HE owns and who has no thought for anyone but himself, 2 my mother told me he would do this and would want everything, and tried to get me to get a will sorted, but didnt want to think about that at the time, did manage to get half way in the end but she died that week. 3, I want to severe all ties with him and as much as I dont want to make this personal it is, I know how badly he treated my mother, he is 46yrs old and has always lived with her, he beat her so badly the police said she looked like she had been hit by a boxer, I cant let him have his own way anymore, even on the night she died, he stole money from her bank account, he thinks the world owes him a living, I have to stop him. Sorry but anniversary is coming up I have to do what she wanted or least try.

Errata

In answer to errata, we were all admins

In that case, you and your 'good' brother should consider speaking to the Probate Office about having 'badf' brother removed as he is not acting in the best interests of the estate which he is legally required to do.