Claiming my portion of a estate..

floralaura

My Gran passes away in may 09. The house was split 4 ways between her 4 Children. One of those Children, My Dad, had passed away 4 years earlier. So that 1/4 was left to me, my 2 Brothers and my Mum instead.
Since May 09 the house has been up for sale, at a overpriced amount. The house is still exactly how my Gran left it, down to newspapers in the living room. Her 3 Children consist of 2 Sons and a Daughter. My two Uncles still use the house as a meeting place. The phone line is still connected, the electric, water and gas the same. They meet at the house and chat etc. One keeps his car in the garage even. Both of these Uncles are quite well off, both have their own homes (One even has a 'spare' house where he keeps his junk!). Neither of them need the money from the sale of the house-thus their failure to sell it IMO. In contrast, since my Dads death my Mum has struggled financially and this money (Though it would be well under 10k) would make her life that bit easier. My younger Brothers (On still at home, the other in his own place) would both have a improved life with this money and for me and my family that money would change my life, in a big way.
I know though that my two Uncles have no intention of actively selling the house, preferring to keep it for them selves to use.
So now, 2.5+ years on I have decided I have to do something, I am not quite sure what though!
Is there anything I can do as someone named in the will or is it all down to the executor (One of the Uncles)? This may well rock the boat but to tell the truth the money versus getting the annual Christmas card of them is worth it in the long run..

DUTR

Let's suppose you Gran was still with us, your situation would be the same, so what would you do then? That is the plan to adopt me thinks

floralaura

But she isn't..and hasn't been for a long time now. I don't think I can do that..though it would be good if I could really..

This has been going on for over 2.5 years..by the time it does (if ever) sell then by the time all the bills are paid that those two are running up there wont even be anything left!
My Gran changed her will to include us because my Dads death left my Mum screwed and to help us 3 Grandchildren along. There are only 2 other Grandchildren (Both belong to my Dads Sister)..both of these received a cash amount after Grans death. The 2 Uncles and the Aunt have all my Grans stuff, every single item. Including photos of us and Gran.
Its like we are the forgotten ones, just cause my Dad had the selfishness to drop dead at 56.
Right now, due to a awful mistake made by me and my Partner, we are screwed. That money would help us fix that and bring our Children up and enable us to have another Baby. My Mum would be able to work less than the 12 hour days, 5 days a week that she currently does..she had breast cancer and a mastectomy..she could do with the rest. My younger Brothers would both be able to move and better their lives. It may *only* be about 8k each but that money would be so much to all of us. Whereas the Uncles are both well off so the money is nothing to them.
Why should they have full exclusive use of a house that a portion of is legally mine?
You know, I sound like a money grabbing !!!!! but its been so long, the house is priced to not sell, they use it for their own, whilst others desperately need the money, I dont see any of them, get a card for Christmas, they promised to help my Brother when Dad died (Brother was a Child then) so I dont care as I need to do this for us and my Family now..I just dont know what i can do..

Mojisola

Are her surviving children the executors? Executors have legal duties and can't put administrating an estate on hold just because it suits them to make personal use of it.

The only problem is that nothing involving the law comes cheap.

DUTR

floralaura wrote: »

But she isn't..and hasn't been for a long time now. I don't think I can do that..though it would be good if I could really..

This has been going on for over 2.5 years..by the time it does (if ever) sell then by the time all the bills are paid that those two are running up there wont even be anything left!
My Gran changed her will to include us because my Dads death left my Mum screwed and to help us 3 Grandchildren along. There are only 2 other Grandchildren (Both belong to my Dads Sister)..both of these received a cash amount after Grans death. The 2 Uncles and the Aunt have all my Grans stuff, every single item. Including photos of us and Gran.
Its like we are the forgotten ones, just cause my Dad had the selfishness to drop dead at 56.
Right now, due to a awful mistake made by me and my Partner, we are screwed. That money would help us fix that and bring our Children up and enable us to have another Baby. My Mum would be able to work less than the 12 hour days, 5 days a week that she currently does..she had breast cancer and a mastectomy..she could do with the rest. My younger Brothers would both be able to move and better their lives. It may *only* be about 8k each but that money would be so much to all of us. Whereas the Uncles are both well off so the money is nothing to them.
Why should they have full exclusive use of a house that a portion of is legally mine?
You know, I sound like a money grabbing !!!!! but its been so long, the house is priced to not sell, they use it for their own, whilst others desperately need the money, I dont see any of them, get a card for Christmas, they promised to help my Brother when Dad died (Brother was a Child then) so I dont care as I need to do this for us and my Family now..I just dont know what i can do..

As above, nothing in law comes cheap, perhaps you could arrange a meeting with the other benefactors, and perhaps consider reducing the asking price of the house further. It is not an easy time for the housing market, there was a time when 5% deposit was required, now there is talk of 20-25% plus with economic uncertainty, then the outlook does not look great, I have seen some 'bargain' homes recently, so the housing market is diminshing badly at the moment

princeofpounds

A couple of questions:

- do you have a copy of the will?
- has probate been granted?

There is not an easy way to deal with this unless you start asserting yourselves as beneficiaries. So conflict may not be avoidable, although hopefully it can be minimised. And if the executors do not co-operate, you will have to resort to legal methods (which unfortunately can cost money).

I would suggest that you get a free initial consultation with a lawyer to understand your options. Any advice you get here or on the web is likely to be of secondary use only.

After that, your next step is likely to be writing a letter to the executors, asking for an account of how they are managing the estate. To a certain extent, you will have to be upfront about your objections.

If they reply is not to your satisfaction, then you might need to consider applying to the courts for the executors to be removed or an order made for sale.

However, you want to avoid that because of the costs involved, which is why you shouldn't go straight from a passive stance to a court summons. You might find that some more assertive negotiation gets the ball rolling.

Bettie

Perhaps they will buy your share off of you. If the asking price is lowered to what you think fair then they will be getting it at what they see as cheap then one day they can resell at a profit. Worth asking?

floralaura

Yes, I do have a copy of the will-the solicitors sent one to me shortly after her death.
I believe that just one of the Uncles is the executor of the will-I have just moved house so not 100% sure where the will is hiding right now.
The house is up for sale, for a unrealistic price IMO. So not sure if it being up for sale (At any price) is enough to say the legalities are being followed.
I have no idea about probate being granted though, me, Mum and brothers all received our copies of the will on the same day..until then I didnt even know we were in it-nothing has been mentioned by the surviving Children before or since then.
A local solicitors usually has a ad in the paer for a hour free every now and again, so looks like I will have to make use of that soon..

floralaura

Bettie wrote: »

Perhaps they will buy your share off of you. If the asking price is lowered to what you think fair then they will be getting it at what they see as cheap then one day they can resell at a profit. Worth asking?

That is a good idea-is it do-able legally and all?
My share should be worth about 7k at a sensible selling price minus fees etc..and Uncles arent short of a bob or two so may be something they would consider for me, Mum and Brothers..

DUTR

floralaura wrote: »

That is a good idea-is it do-able legally and all?
My share should be worth about 7k at a sensible selling price minus fees etc..and Uncles arent short of a bob or two so may be something they would consider for me, Mum and Brothers..

You can only make it more difficult, by judging others on what you think they have, if they have done ok with their finances then good for them.
I doubt they can buy your share of the estate without involving the legal bods and it could get complicated (sorry it's not what you want to read).

tomjonesrules

floralaura wrote: »

That is a good idea-is it do-able legally and all?
My share should be worth about 7k at a sensible selling price minus fees etc..and Uncles arent short of a bob or two so may be something they would consider for me, Mum and Brothers..

So you're looking at £4K for a quick sale, maybe £5K if they're feeling generous. Is it really worth it?