Uncooperative Sibling

Mr_Gnu

No one has answered my question re: how long should I wait for communication from my solicitor?

g6jns_2

Mr_Gnu wrote: »

No one has answered my question re: how long should I wait for communication from my solicitor?

How long is a piece of string? Nobody on here can tell you. Give them a ring and ask for a progress report.

Mr_Gnu

Right, thanks.

Mr_Gnu

Update:

The bank say that the ammount she took out of Dad's account was under the threshold of £750 it was £670,so they let her close it. She knew what she was doing it seems and I believe she's had more, well on her concience be it.

My Sister has contact with the uncooperative sibling and last week she was supposed to come up from house in Surrey to Lancashire to take belongings out of Dad's property and hand keys to us but it was more bs she never turned up.

My Sister got a text reply from unc sib this weekend saying that I must take my caveat off before she will hand us a key. I won't take it off until my solicitor says it's safe to do so. Back to square one then.

My Sister says that unc sib has letters from the mortgage company for Dad's house (6k is owed) saying after two years they can sell the house to recoup their debt, so she says I have to take the caveat off fast. It will be two years in December.

Unc sib moved out of Dad's property about six months ago.It is closed up and uninsured as far as I know.(I have no money) I suppose council tax will have to be paid, the house is in darkness and winter is upon us.I feel like drilling the lock out and taking it over.

I will be speaking to my solicitor this week hopefully to discuss the options if there are any.

My question is, can the mortgage company really take the house and sell it after two years to recoup their debt?

Yorkshireman99

Mr_Gnu wrote: »

Update:

The bank say that the ammount she took out of Dad's account was under the threshold of £750 it was £670,so they let her close it. She knew what she was doing it seems and I believe she's had more, well on her concience be it.

My Sister has contact with the uncooperative sibling and last week she was supposed to come up from house in Surrey to Lancashire to take belongings out of Dad's property and hand keys to us but it was more bs she never turned up.

My Sister got a text reply from unc sib this weekend saying that I must take my caveat off before she will hand us a key. I won't take it off until my solicitor says it's safe to do so. Back to square one then.

My Sister says that unc sib has letters from the mortgage company for Dad's house (6k is owed) saying after two years they can sell the house to recoup their debt, so she says I have to take the caveat off fast. It will be two years in December.

Unc sib moved out of Dad's property about six months ago.It is closed up and uninsured as far as I know.(I have no money) I suppose council tax will have to be paid, the house is in darkness and winter is upon us.I feel like drilling the lock out and taking it over.

I will be speaking to my solicitor this week hopefully to discuss the options if there are any.

My question is, can the mortgage company really take the house and sell it after two years to recoup their debt?

The mortgage company is at liberty to sell the property and deduct reasonable costs from the proceeds. The executor, or person who took out the LOA, is personally liable for any losses suffered by the beneficiaries due to the delays and her incompetence. Time she had a a very firm warning of the consequences if she does not stop playing the fool.

Mr_Gnu

Yorkshireman99 wrote: »

The mortgage company is at liberty to sell the property and deduct reasonable costs from the proceeds. The executor, or person who took out the LOA, is personally liable for any losses suffered by the beneficiaries due to the delays and her incompetence. Time she had a a very firm warning of the consequences if she does not stop playing the fool.

Right. Thanks for that Yorkshireman99.

I thought it was a bluff to get me to remove caveat.My Sister said I could be liable and could end up owing a lot of money. Just want it over with.

Yorkshireman99

Mr_Gnu wrote: »

Right. Thanks for that Yorkshireman99.

I thought it was a bluff to get me to remove caveat.My Sister said I could be liable and could end up owing a lot of money. Just want it over with.

Your sister is the one that is bluffing. You would only have as any liability is if you used the caveat unreasonably. In fact you seem to have acted correctly. It really is time to pay hard ball. I know this is difficult with a close relative but that is no reason to let her rip you off.

Mr_Gnu

Yorkshireman99 wrote: »

Your sister is the one that is bluffing. You would only have as any liability is if you used the caveat unreasonably. In fact you seem to have acted correctly. It really is time to pay hard ball. I know this is difficult with a close relative but that is no reason to let her rip you off.

Thanks for your reply Yorkshireman99 and I agree it is time.

There's no love lost between me and her btw. I'll tell my solicitor that she's still messing us around and to get it sorted.

Mr_Gnu

Update:

I took the caveat off in January as she simply refuses to budge and my (and my brothers) solicitor asked me 'what my thoughts were' so I told him to take it off and now the house has been sold (stc)

My question now is - after the sale and mortgage, council tax, utilities, uncooperative siblings expenses, her solicitor and ours have been paid, how and by whom would myself and brother be paid? I would rather collect my own cheque from our solicitor, or would I have to provide bank details?

Yorkshireman99

Mr_Gnu wrote: »

Update:

I took the caveat off in January as she simply refuses to budge and my (and my brothers) solicitor asked me 'what my thoughts were' so I told him to take it off and now the house has been sold (stc)

My question now is - after the sale and mortgage, council tax, utilities, uncooperative siblings expenses, her solicitor and ours have been paid, how and by whom would myself and brother be paid? I would rather collect my own cheque from our solicitor, or would I have to provide bank details?

Your solicitor should be able to arrange that. Make sure that the estate accounts are checked carefully to make sure that no unreasonable expenses have been claimed by your sister. She needs to pay for all her solicitor's fees.