Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP!

Homeownertobe

margaretclare wrote: »

We've been told repeatedly that 'sisters will not speak to me'....etc etc

It seems that they will!

I'm really not surprised - this has been her home for x amount of time, she has cared for Mum in her last days there, now being expected to move out - to where? - without so much as a by-your-leave.

She will have quite a lot of money to do with as she wishes, so she's hardly going to be destitute, is she?

missbiggles1

Homeownertobe wrote: »

She will have quite a lot of money to do with as she wishes, so she's hardly going to be destitute, is she?

The OP talks about living in London and points out that she won't inherit enough to buy even a 1 bed flat so this will be the same for her sister.

It could take her a while to find work if she's been out of the workplace for some time, during which time she'll have to live off her inheritance, possibly leaving precious little left over.

Not a great reward for having been the sister who cared for her mother, is it?

FreeBear

annbarbs wrote: »

Because after I told my sisters solicitor that I do not want my sister to live in the house and that it must be sold and also confirmed this in writing to them.
But my sisters phoned me and tried to talk me into changing my mind but I said NO Sister A cannot live in the house it must be sold.

You are only a beneficiary. It is not your place to decide who can live in the house or even if it is sold. Those decisions rest solely with the executors, and the more you badger & harass them, the more likely they are to put up a fight.

If the executors decide to raise your one third share of the estate to pay you off and leave the sister living in the house, then that is what they can do. If you start legal proceedings without giving them sufficient time to deal with the matter, they could raise a counter claim asking the courts to grant the property to the sister.

You are way too eager to threaten legal action - Stop harassing the executors and give them time to do what is required.

margaretclare

Homeownertobe wrote: »

She will have quite a lot of money to do with as she wishes, so she's hardly going to be destitute, is she?

Will she have enough to buy herself a home of her own, furnish it from top to bottom, after disposing of all late Mum's possessions which form part of the will arrangements? And doing all the work of clearing out etc?

We know the OP already has a home of her own. This particular sister has not.

jouef

FreeBear wrote: »

It is not your place to decide who can live in the house or even if it is sold ... If the executors decide to raise your one third share of the estate to pay you off and leave the sister living in the house, then that is what they can do.

I think the OP was pretty clear that the issue was the sister refusing to move out rather than putting herself in a position to buy her out: "That it will have to be sold or my sister will have to buy her way out to continue to live there. Since my sisters do not have that money to give me my solicitor said the house will have to be sold unless I give my sister permission to carry on living there. Which I don't want to do" (post no. 5).

jouef

margaretclare wrote: »

We know the OP already has a home of her own. This particular sister has not.

I understood the OP has a housing association rental. Of which there are more than one.

missbiggles1

jouef wrote: »

I understood the OP has a housing association rental. Of which there are more than one.

Are you suggesting that it would be simple for the sister to be allocated an HA flat in London?

System

FreeBear wrote: »

You are only a beneficiary. It is not your place to decide who can live in the house or even if it is sold. Those decisions rest solely with the executors, and the more you badger & harass them, the more likely they are to put up a fight.

If the executors decide to raise your one third share of the estate to pay you off and leave the sister living in the house, then that is what they can do. If you start legal proceedings without giving them sufficient time to deal with the matter, they could raise a counter claim asking the courts to grant the property to the sister.

You are way too eager to threaten legal action - Stop harassing the executors and give them time to do what is required.

Wrong.

As a beneficiary I do have the right to sell the house if I want.
However as I am not an executor of the will I do not have the right to sell the house or handle any finances of the will myself.
That is the executors job to deal with that side. But the executors do have to account to me as I am a beneficiary.

Yes my sister can stay in the house if she buys me out by paying me my third of the share. But my sisters have not got the money so they have to sell the house unless I change my mind which I won't.

I have just spoken to my solicitor on the telephone just now and he said that he has written to the sister who is living in the house. And it was her told my solicitor by email that she and my other sister have closed my mothers bank account and are now getting valuations from estate agents for the house.

But my solicitor has not written to my other sister(the married sister yet.) And I did point out to my solicitor that my sisters could be lying and just saying that. But I told my solicitor that we can easily get my sisters to verify that the house is up for sale by asking them to show evidence in writing from the estate agents or something.

My solicitor knows my situation with my sisters that they don't want to talk to me and that I have MH problems because I told him.
And he advises me not to phone them or go round there if they don't want me to so I am taking that advice.
There is no point in antagonizing my sisters.

If my sisters are telling the truth and are in the process of putting the house up for sale and they do. Then there is no need for us to take them to court.
I just wait until someone buys the house which could take a few months or more but it will be sold.

peachyprice

All this only 6-7 weeks after the death of your mother. You should be ashamed of yourself.

jouef

missbiggles1 wrote: »

Are you suggesting that it would be simple for the sister to be allocated an HA flat in London?

No, simply that she doesn't have to "... buy herself a home of her own, furnish it from top to bottom ..."