Can my brother block the sale of the house

uknick

Lucky26

I'm sorry to hear of your problems, your brother sounds just like mine. Things are always worth more in his imaginary world than in the real world.

I'm puzzled why he has a bee in his bonnet about the valuation for probate. You haven't told us who the house has been left to but I assume he has an interest due to his issue with the valuations.

If you are intending to sell the house and split the proceeds it should make no difference to him what is on the probate form. It will sell what it sells for. You might get a CGT charge if it sells for a higher value, but at the figures you quote this will be minimal. Unless that is, the valuations are way too low. But, unlikely as you have three of them.

Or, are you intending to buy his share from him? The value you agree for this is between you and him, it doesn't have to be the probate value.

Lucky26

My mother nominated me as the probate and I am the youngest. One must ask why did she chose the youngest sibling rather than the oldest.

The house is to be sold and the proceeds split three ways. No one is buying any one out although just minutes after mother passed away the problematic brother my brother expressed an interest in purchasing the house as a builder, improving the interior and then renting. His valuation at this time was £85K to £90K but since the valuation by the estate agents at £100K to £110K his mood/opinion changed.

I know this will escalate as he has complained that my husband and middle brother left the house in a disgusting state. The furniture was dismantled and broken down ready for bulky skipping. Now I have changed the locks as the insurance is in my name as probate and must reduce access.

The problematic brother has since he and I were legal power of attorney has been trying to lower the funds mum had to stop paying the government.

Oh well never mind mums ashes are scattered and further comms with him via the solicitor at £175 an hour!!

uknick

Lucky26

In that case he is an a**e. If I were you I'd just go ahead and execute the will, get the most for the estate as you can, which you seem to be doing and distribute the funds in accordance with the will.

No doubt his next gripe will be that you couldn't get much for the contents. But, as I've found twice in the last year, nobody wants 2nd hand furniture etc. unless it's in good condition or of rarity value. Even the charity shop turned down the chance to take it. Only place seems to be the tip, or scrap metal dealers.

Or, you could ask him to become executor and let him sort it out. I'm sure it won't take long for him to realise there's more to this sort of work than just talk!!

Out of interest, what does the other beneficiary think of all this?

madbadrob

LannieDuck wrote: »

I guess it depends how much family harmony the OP wants at the end of the process. S/he seems to have indicated at the beginning of the process that it would be ok for brother to get estate agent quotes. Given how annoyed he now is that OP has gone ahead and done it themselves (understandably, given the delay), I would give him one more week to demonstrate that his bluster has any merit.

Not at all. As executor no one but the executor as I say in what happens so long at the executor gets the best deal for the estate.

Rob

Mojisola

madbadrob wrote: »

Not at all. As executor no one but the executor as I say in what happens so long at the executor gets the best deal for the estate.

I'd just amend that to a realistic price and as Lucky has had three valuations which were very similar, it's reasonable to go with that pricing.

LannieDuck

madbadrob wrote: »

Not at all. As executor no one but the executor as I say in what happens so long at the executor gets the best deal for the estate.

Rob

Oh, I realise the OP has the ability to just go ahead with it if they so choose (and apols that I didn't make that clear).

My comment was merely a suggestion for how to do so without alienating brother completely... although I actually prefer PaddedJohn's subsequent suggestion.