Family death - Problems with family

Mordecai2004

Hi

Please forgive the length of my post, just want to try and provide as much information as I can.

My father passed away in October last year and myself and brothers are going through probate. Since day 1 my brother has taken control of all of my dads possessions and moved into the house and moved his furniture in.

To try and cut a long story short, the house has been valued at £280,000 by independent estate agents. Now, my brother, who is currently occupying the house has stated that once probate is granted, he will get a surveyor in and value the house with all "problems" included. My dad lived in this house for 10 years with no problems yet now, it needs a new roof, all new plumbing etc etc. He is saying that the house will be valued at £200,000 and he will offer to buy me out at this valuation. Now don't get me wrong, I am not a moneygrabber in the slightest but I really feel like I am being pushed to accept a lower offer.

My question is, can he do this or does he have to buy me out at the valuation at the time of death?

Any help/replies will be much appreciated.

RAS

It is entirely up to you whether you allow yourself to be bullied into this.

Are you both executors?

I suggest for a starting point that you prevent the transfer of the deeds from the estate to the beneficaries. Once he has a joint tenancy, it will beimpossible to remove him.

And think you may need to take legal advice about getting him out of the property.

See a good family lawyer.

Mordecai2004

RAS wrote: »

It is entirely up to you whether you allow yourself to be bullied into this.

Are you both executors?

I suggest for a starting point that you prevent the transfer of the deeds from the estate to the beneficaries. Once he has a joint tenancy, it will beimpossible to remove him.

And think you may need to take legal advice about getting him out of the property.

See a good family lawyer.

Thanks RAS. Yes, we are both executors. To be completely honest, I want out of everything to do with it. My brother has been violent, aggressive to name but a few things with regards to all of this.

I have kids myself and I just do not want to be low-balled and regret it later when my kids are older.

RAS

Well it is the responsbility of both executors to maximise the income of all beneficiaries. If your brother thinks he can short-change you he is not doing the job properly.

See a lawyer and get a letter winging its way to him making plain that you will only agree to disbursement if you get a full 50% of the estate.

Mojisola

Mordecai2004 wrote: »

To try and cut a long story short, the house has been valued at £280,000 by independent estate agents.

He is saying that the house will be valued at £200,000 and he will offer to buy me out at this valuation.

He has legal responsibilities to all the beneficiaries as an executor - not just himself.

If several EA priced the house at the same amount, that's what will be in the estate records and that's what he'll have to pay if he wants to buy it.

I would get a solicitor on board because this is going to be very messy.

nom_de_plume

Mordecai2004 wrote: »

My father passed away in October last year and myself and brothers are going through probate.

Brother or brothers?

madbadrob

As others have said you need a solicitor to deal with this and sooner the better. I am not sure if there is anyway to stop your brother changing the names on the deeds to just himself or even to the beneficiaries but the Land Registry Rep may be better served to answer that. If there are these problems with the house tell your brother that before you accept any price for the house you want to get your own valuation done at the expense of the estate because you feel that the valuation carried out for probate would reflect any works required

Rob

getmore4less

It should need all those named on the grant to sign.

madbadrob

getmore4less wrote: »

It should need all those named on the grant to sign.

I agree but there was a thread on here not too long ago where this didnt happen.

Rob

Zuzzie

As far as I am aware, when the solicitor applies for a Grant of Probate he has to assess the value of the estate, including the value of the house. He may have obtained this figure through the executors and one or two estate agents. Either way, the value would have been marked on the application form. I would strongly urge you to get in touch with the solicitor handling the estate - he should also have the Land Certificate/Charge Certificate relating to the property which would need to be submitted to the Land Registry for any amendments to the registry i.e. new owners or Charges to be removed. So your brother cannot amend the Registry without the Land Certificate/Charge Certificate. (A Charge Certificate is the same document as a Land Certificate but it specifies if there are any monies owed on the property). You must urge the solicitor NOT to release the deeds unless authorised by yourself or your solicitor pending a resolution of this problem. Meantime, get 2 or 3 estate agents to value the house and then tell your brother that you do not agree to his valuation and that the beneficiaries (yourselves) can obtain much more on the open market - NEVERMIND THE PROBLEMS. If he wants to pay the market value, then fine, he can pay it. Don't be bullied by this man. Get yourself a solicitor involved if necessary.

Crabapple

The figure for the transfer does need to be agreed and all named Executors need to sign for it (a copy of the Grant needs to go to the Land Registry with the application).

If the OP does not agree to the proposed figure to buy their share then they should not sign, but by the sounds of things it may be necessary to get a solicitor involved to formally tell the other beneficiary that.

However, Zuzzie, very few properties now have physical deeds. The certificates are not required, if it's a registered property then it is all held electronically at the Land Registry and they only issue a copy of the register when changes are made. Any Land or Charge certificates held are basically obsolete and as updates could have been made at any time by electronic means they are useless.