how do i evict my sister?

mummyindistress

Awful situation, in need of good advice.

Mum died leaving no will. According to rules of instestacy myself and my two sisters are entitled to third each of her estate. I am sole estate administrator with the job of sorting everything out.

My sister wanted to buy Mum's house and the three sisters agreed she could move in rent free whilst she applied for a mortgage. This period is well past and she is no longer in a position to buy the house and so it needs to go on the open market.

The issue is that my sister is still living there. I have asked her for her intentions and she has failed to give any indication on her plans regarding living in the house or moving out. She has also begun subtly sabotaging my attempts to put the house on the market and has managed to get my other sister involved in this (they have made pacts before in an attempt to gain excess benefit from the estate, such as selling Mum's property and splitting the profit between just the two of them).

The house needs selling so Mum's estate can be finalised and I can begin to move on.

I suspect I will have no choice but to evict my sister but I am not sure on the process: she is not a tenant, she does not pay rent, and she will be entitled to a third of the property value (but I believe her entitlement to the property is restricted to this rather than affording her any rights of part ownership whilst we are still under Probate).

I would be most grateful for any help and advice, thank you.

P.S. had this posted under buying selling and renting but someone helpfully suggested I post here too, thank you for that!

meritaten

as far as I am aware none of you sisters 'own' the house at present as its still in probate. you need to sell the house to 'wind up the will'. as sole administrator you can put the house on the market without their agreement.
obviously you want them onside - but I would just send your sister a letter or talk to her saying that 'you have to put the house on the market as otherwise the probate process is going to be delayed and they wont get the monies they are entitled too. Tell your sister she is welcome to stay rent free UNTIL an offer has been made and accepted on the property. this SHOULD then give her about six weeks to find alternative accommodation, but if she chooses to leave earlier that's fine!
You have to remember hun, that as administrator of the estate you have to ensure the 'rules' are complied with.

marisco_2

I think your sisters actions speak volumes about her intentions and plans. By sabotaging your attempts to put the house on the market she gets to stay there rent free. I suggest you contact a solicitor and take their advice on how best to handle this delicate situation, in order to cause least cost both emotionally and financially to yourself.

meritaten

you can always put the house up for auction as a last resort - but you and your sisters MAY lose out financially as a result - I would let them know that you have the option to do this.

Kynthia

As she isn't an owner of the property and pays no rent at all then she is an excluded occupier not a tenant. They have few rights and can be asked to leave with 'reasonable' notice. You could theoretically change the locks if she refuses to leave, but I would imagine that would be traumatic for your relationship. Perhaps get a solicitor to write a letter telling her to move out in order to sell the property and complete the probate process, that way it will seem less like it's you evicting her and more a legal process that must be completed.

ValHaller

mummyindistress wrote: »

P.S. had this posted under buying selling and renting but someone helpfully suggested I post here too, thank you for that!

Actually, they suggested you posted on the Deaths Funerals and Probate forum http://forums.moneysavingexpert.com/forumdisplay.php?f=217. You have landed on the wrong forum.

Actually, I think that the Housing forum where you orginally posted https://forums.moneysavingexpert.com/discussion/4833315 will have most of the answers

neverdespairgirl

meritaten wrote: »

Tell your sister she is welcome to stay rent free UNTIL an offer has been made and accepted on the property. this SHOULD then give her about six weeks to find alternative accommodation, but if she chooses to leave earlier that's fine!

The problem with that is that it gives sister every incentive to make sure there isn't an offer, by telling potential buyers about the drug-dealing neighbours, rat infestations, nuclear power plant to be built round the corner......

mummyindistress

Thank you everyone for your helpful suggestions and comments - I think I've been wanting to avoid things getting legal but with all your support I am now going to speak to a solicitor and serve her notice to leave. Thank you

mummyindistress

Thank you to everyone - as you have all been so helpful I wondered if an update may be of interest?

Firstly, I have the grant of representation and am the sole estate administrator. It is my duty to divide the final estate value (minus estate costs) between the three beneficiaries (my two sisters and I). When it comes to the house sale, only I am able to legally arrange for the sale.

I have now spoken to a solicitor who informs me that the sister currently has no right of occupancy and, as there is not formal tenancy agrement in place, I am at liberty to expect her to move out at any date I specify. If she fails to, I can go to the court and seek an eviction order and that the outcome is that the court is likely to award costs against my sister who failed to move out.

Obviously anyone can enter a property and become a squatter - however this is a crime. My sister's past jobs have been those where DBS checks (new name for CRB) are required so I doubt she would go down that path as she would be rendering herself unemployable for the near future.

I also have the right to access the property on estate business and do not require her permission or presence to do so, nor do I need to give notice (although I believe it courteous). With this in mind I arranged for two estate agents to value the property and provided her with 48 hours notice. She came up with every reason for me not to go in and insisted she be there (but couldn't do the time I'd arranged with the agents). When I said I needed to go in at that time and didn't need her permission she said she'd leave her dog there (whom, she said, is liable to attack) and that I would probably steal from her (intimating she would accuse me of such if I dared go in). I had no choice but to cancel the agents as this presented an impossible bind.

I am now forced to send her notification to leave and have provided her with several weeks notice (to be reasonable to my nieces and nephews, especially given christmas). No doubt fireworks will ensue. I suspect this is the end of our relationship, which feels a shame but has become unavoidable.

loopylouc

Hi

You are obviously the reasonable sister and as such have taken her intimations seriously but could they just be empty threats? I think I would be tempted to re-book the estate agents, give her the required notice and when she makes threats about the dog just say well it would be a shame if it got out and on to the road while we're there. That is not to suggest that you would let it out but just as you don't know whether she would really leave it there she doesn't know whether you would really let it out.
As for the threat of theft let her get on with it. You will have two estate agents as witnesses that you didn't take anything from the house.
If you back down too quickly now she is not going to pay any heed to an eviction notice is she.
Good luck with it all.

L xx

nimbo

good luck. xx