Can someone explain how this is right?

lincroft1710

Your sister is responsible for paying the CT bill for the whole period she was living in the house. If any of her possessions were left in the house, it would signify an intention to return, and thus she would continue to be responsible for the CT bill.

Most councils will wait until the house is sold, as it is pointless for them to chase executors when there is no liquid capital in an estate. The council may put a charge on the house, which ensures they get their money when it is sold.

Make sure the council are made of all relevant facts : your sister's occupation of the house, who is administering the estate, your sister's intention to reoccupy the house etc.

Remember, you are not as an individual responsible for the CT bill on this house, the estate is. Money for debts has to come out of the estate before the beneficiaries are paid. So your sister and father have to pay their share of the bills, if they are receiving the house as their inheritance.

Ames

I was just about to write a reply explaining how I rarely answer the phone and dad and sister know that so no need to change numbers or anything... when dad phoned.

I'm glad he did though as it's clarified a lot of things.

Firstly, the house sale didn't go through as planned. Neither of the solicitors thought to mention that to me. I think that possibly because I hadn't agreed the final bills to the estate that might have been responsible for the hold up, but some bills to the estate can't have been finalised yet because of them being estimates - ie the utilities, and the legal bills.

Secondly, the council tax. My argument has been that I don't know when sister stopped paying so don't know how much she should get from the estate. The solicitor didn't seem to think it was worth mentioning that sister told her in advance that she'd be stopping paying. So I've been arguing that point which could have been settled ages ago.

Thirdly, the car - they've agreed to me getting half the value.

Fourthly, the debts. We've sort of agreed them and they seem to come in at just under 55k. Dad pointed out that there'll be stamp duty, which I hadn't accounted for. As I said above, we can't entirely agree them until final bills come through.

Fifthly, dad and sister (as I guessed) thought the debts were much lower than they are, and so couldn't understand why I was arguing. Now dad's realised how close the figures are to not working out, I think he understands why I've been so 'unreasonable'. Although I think a lot's been 'missed in translation' as it were in the solicitor's letters.

I'm *really* annoyed with the solicitor for not communicating properly about the council tax.

I'm still going to see the other guy, for peace of mind above all, assuming I can get a timely appointment. I'm still unsure about a few things but it will probably be the case that it'll cost more to make a fuss than just to let it go.

I even confronted him about being ignored while I was in hospital in February. Apparantly he got 'confused' and thought when I phoned and said 'I'm in A&E and they're sure it's appendicitis' that I was being discharged... More like he just doesn't want to admit he messed up. (Fun fact about dad getting 'confused' - last summer sister was convinced he was showing early signs of dementia and even called a family meeting about it, a few months later she's getting him to help her get a mortgage...)

The only minor issue is that dad and sister have found a tenant and want her to move in within the next couple of weeks, ie before the house is theirs. I'm not sure if there's any legal issues for me with that.

Savvy_Sue, you've made me want to reread HHGTTG now! I'll definitely be drawing a huge SEP around sister, but perhaps I can still have some contact with dad, albeit at a bit of a distance. Thanks so much for all your help on this thread.

lincroft, thanks for coming over to this board. I'm not sure what will happen with the council tax now. She did have possessions there, but they were there before she moved in, she was just using it as storage.

I'm not sure about her intention to occupy the house, it was always her intention to rent it out.

I don't think it's worth arguing about the discount she got from last summer to March, as it's less than £200 and it'll end up more than that in legal fees if I continue to argue the point. Dad's figures which we've more or less agreed on take it into account though. So for the months when I paid half the total cost of the mortgage and full council tax, he's going to say I should have paid half the mortgage and discounted council tax, and I'll get the extra back.

All I ever wanted to know was how much she'd actually paid towards the mortgage company and council tax. If it turns out that me querying this is what's held up the whole sale, when the solicitor had the info all along then I'll scream. Loudly. Not that there's anyone here to hear it.

Savvy_Sue

Ames wrote: »

The only minor issue is that dad and sister have found a tenant and want her to move in within the next couple of weeks, ie before the house is theirs. I'm not sure if there's any legal issues for me with that.

Let's just think about this for 30 seconds.

Tenant moves in before completion - who is the tenancy agreement with? The estate? You as executor? Your sister and father? None of them seem quite right, and you really don't want someone living there without a tenancy agreement.

Or say it does seem like a good idea, but then, for some reason, completion doesn't happen - there's always a time limit on mortgage offers and maybe theirs runs out, sister gets cold feet, whatever. The estate now owns a house with a tenant in it, and you're faced with trying to sell it with a sitting tenant.

By all means ask your solicitor if it seems sensible, but there's a silent scream of 'nooooooo' coming from this computer.

If you'd like a more entertaining reason not to do it, empty your bladder and make a cuppa, then read this. Try to swallow your tea between posts, as spitting it out over your keyboard can be damaging. Don't start reading if you have to be up int he morning, as I do ... whoops ...

dancingfairy

Noooo. You don't want this to drag out any longer and have more contact with your family than you need to.
If the estate gets a tenant then
1) you will need to protect the deposit
2) you will need to get the boiler serviced/do a gas safety check
3) who will collect the rent?How will this affect benefits/tax?
4) what happens if they move in and stop paying them mortgage? You are stuck with them for at least 6 months (maybe a year)then plus will have court costs and bailiff costs to get them out.
5) what happens if they stop paying rent but the boiler breaks down or other essential work needs doing? The landlord would still have to fix them even if the tenant wasn't paying rent.
6) you can't sell a house with a tenant in it, due to how difficult it can be to evict them and the time it takes (unless of course you are selling to another landlord at a discount).
I can't see any good reason you would consider this.
df

dancingfairy

Oh, and you need a competent solicitor on your side. Yours doesn't sound like she is helping at all. I can't believe she didn't tell you that your sister had stopped paying council tax, she wouldn't stick up for you regarding the car, council tax or anything else and she didn't tell you that the house hadn't exchanged.
You might want to consider a new solicitor, especially since this sale has fallen through and it will presumably take time to find a new buyer.
df

Mojisola

Savvy_Sue wrote: »

By all means ask your solicitor if it seems sensible, but there's a silent scream of 'nooooooo' coming from this computer.

Not a silent one from here - NO! ABSOLUTELY NO!

missprice

Ames wrote: »

I was just about to write a reply explaining how I rarely answer the phone and dad and sister know that so no need to change numbers or anything... when dad phoned.

I'm glad he did though as it's clarified a lot of things.



Fourthly, the debts. We've sort of agreed them and they seem to come in at just under 55k. Dad pointed out that there'll be stamp duty, which I hadn't accounted for. As I said above, we can't entirely agree them until final bills come through.

I'm *really* annoyed with the solicitor for not communicating properly about the council tax.

I'm still going to see the other guy, for peace of mind above all, assuming I can get a timely appointment. I'm still unsure about a few things but it will probably be the case that it'll cost more to make a fuss than just to let it go.


The only minor issue is that dad and sister have found a tenant and want her to move in within the next couple of weeks, ie before the house is theirs. I'm not sure if there's any legal issues for me with that.

.

OK not sure why stamp duty was mentioned, that's up to the buyer to pay ( to the government ) not the estate. Its not a debt on the estate or you.

Second, if the house sale has fallen through, get another solicitor ( one that you like and trust ) and start again. Put the house back on the market if need be. Go as slow as you need.

Third please do not put a Tennant in the house. Far too many problems to even mention. Gas safety cert, sitting tennants cause problems, being a landlord is difficult, things breaking and having to fix them, tennants making huge mess, fees to property management firms, taxes, void periods ( where no rent comes in). And loads more.

Mojisola

And I would change the locks on the house so that sister and father can't mess it up any further.

Savvy_Sue

missprice wrote: »

OK not sure why stamp duty was mentioned, that's up to the buyer to pay ( to the government ) not the estate. Its not a debt on the estate or you.

Absolutely. It is their choice to buy the house, therefore they need to pay it, it should NOT affect your share.

I wish I lived nearer you Ames, I'd come and hold your hand while you made some assertive phone calls!

Ames

Thanks everyone. I've realised this morning that dad's 'reasonable' suggestions and explanations were just the usual manipulation with a hefty dose of gaslighting thrown in.

I'll say no to getting a tenant in.

I've already - as instructed by dad - told the conveyancer and solicitor to go ahead with the sale asap and agreed his figures.

I don't think it would be wise to put it back on the open market. When we thought the sale had gone through my benefits advisor told the DWP that the money would be coming to me soon, to turn around and say actually, no it isn't, is going to look bad. And if the house sells for less than 145k then not going through with this sale would definitely be deprivation of capital.

Missprice, I realised this morning that stamp duty should be paid by sister and not the estate. More manipulation by dad.

I'm not sure about getting a new solicitor. It would just lead to even higher bills. And if this one can't see how manipulative dad and sister are being then what's to say another will?

I'll see what the contention solicitor suggests about it all.