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

Brighton_belle

annbarbs wrote: »

My solicitor say that my sister can still put the house up for sale now and carry on living in the house until it is sold.

You seem to have no concept of how uttering exhausting, emotionally and physically it is to empty a house of the possessions of someone you loved who has just died. It can take quite a few months to achieve this before you are ready to put the house on the market.
I understand you are not well your self, which may affect your capacity to be kind and understanding: perhaps you have never had to clear a property of anyone you loved. Perhaps relationships between you all are so bad, you are not able to even consider their need for compassion.
But listening to others who have had this experience, really listening, is a great place to start. It's utterly exhausting and at times emotionally incapacitating to get rid of the possessions of someone you loved. Your sisters will need time to sort the house before it is in a fit state to put up for sale.

getmore4less

NO one is disagreeing on what they could do with the house and what you can do to hurry them up.

but if they drag their feet on this it could well be next year before you see anything.

You own solicitor is saying June(6 months) and it migh not be be quick after that and then that makes them put it on the market...

Going legal quickly might make them stick the heels in even more.

only a few weeks and you have asolicitor crawling all over them including a solicitor that just help process the probate as far as anyone knows.

getmore4less

Brighton_belle wrote: »

You seem to have no concept of how uttering exhausting, emotionally and physically it is to empty a house of the possessions of someone you loved who has just died. It can take quite a few months to achieve this before you are ready to put the house on the market.
I understand you are not well your self, which may affect your capacity to be kind and understanding: perhaps you have never had to clear a property of anyone you loved. Perhaps relationships between you all are so bad, you are not able to even consider their need for compassion.
But listening to others who have had this experience, really listening, is a great place to start. It's utterly exhausting and at times emotionally incapacitating to get rid of the possessions of someone you loved. Your sisters will need time to sort the house before it is in a fit state to put up for sale.

It was the home of the sister that is living there, probably not in a hurry to do anything after caring for her mother.

Brighton_belle

getmore4less wrote: »

It was the home of the sister that is living there, probably not in a hurry to do anything after caring for her mother.

I know. Doesn't change how hard it will be to clear out her mother's belongings

System

getmore4less wrote: »

NO one is disagreeing on what they could do with the house and what you can do to hurry them up.

but if they drag their feet on this it could well be next year before you see anything.

You own solicitor is saying June(6 months) and it migh not be be quick after that and then that makes them put it on the market...

Going legal quickly might make them stick the heels in even more.

only a few weeks and you have asolicitor crawling all over them including a solicitor that just help process the probate as far as anyone knows.

I am already doing that going legal by getting myself a Solicitor which I have done.

My sisters cut me off and did not want anything to do with me or any contact with me after my father died in 2003.

Although I was not very close to my mother she was better than my sisters were in that she still phoned me and let me go round to her house to visit her.
But my sisters did not want to know and the sister who lived with mum hates me. And it has been like that since my father died.

So I knew that once mum had died my sister and my brother in law my sisters husband would cut me off completely as they have done.

I cannot phone my sisters or go round to their house to talk to them because they do not want to see me or talk to me.

And if I went round to their house they would not let me in.
So I cannot talk to my sisters myself.

My mother has included me in her will and left me bother her house and money from her savings the same as she has left it to my 2 sisters.

My mum made my 2 sisters executives of the will probably because she knew I have MH problems and could not deal with the legal and financial work myself.

I am a beneficiary of my mothers will and so are my sisters. But they are executors as well.

My mother could have made anybody an executor and an executor does not have to be a person who inherits.

Executor just means they have the right to handle the financial side of the will and distribute everything according to the terms of the will.

In this case my mum has made my sisters executors of her will and has also left her house and money to them as well as me.

The terms of mums will state that each sister gets the same so we each get a third of everything.

My sisters are the executors but I cannot talk to them or go to them because I don't get on with them and they don't want any contact with me.

That's why I have got a Solicitor because of this and also to both advocate for me and to make sure I get all that I am entitled to under the terms of my mothers will.

Yes it is possible that my sisters may disagree with mums will and would probably rather I did not get anything.

But my mum has included me in her will.
It is a legal will and mum has left me her house and money and there is nothing my sisters can do about it.

Unless they go to court and contest the will which I don't think they will do. Because they won't get Legal Aid and it would cost my sisters a lot of money to do that which they don't have.

I think the issue here is that my sister just wants to live in my mums house. But she cannot unless she buys her way out.

But she has not got 114k and neither has my other sister.
And even if they did have they would not give it to me.

But I can assure you my sisters don't have that kind of money.
So the house will have to be sold.
Because I have said I don't want my sister to live there and that I want it sold.

My sisters will probably try to avoid selling the house and it seems that they are ignoring their obligations.

But my sisters have no choice.
They either sell the house willingly or buy me out.
And if they have not done this after a certain time my solicitor will take the matter to court before a judge who can force the sale.
And also remove my sisters as executors.
So what my solicitor told me is that the law is in my favor not my sisters. And the house will be sold one way or the other.

It's just a question of when and it could be as late as 2017 before the house is finally sold and I get my money from the house.
But my solicitor said that I should expect to receive the money on the 1st anniversary of mums death.
My mum died in November 2015 so it should be sorted out by then.
Or if not soon after that but nobody knows exactly when my Solicitor cannot give me an exact time.

silvercar

If your sister got a job she could potentially raise a mortgage on the house to give you your share of its value. That would also give her an income to pay the mortgage and maintain the property.

Generali

Gotta say OP, I think you're way too hasty in getting the lawyers in.

In my limited experience, lawyers in these situations are quite happy to keep working through the whole of the inheritance and then leave you with nothing. How much have you spent so far? You realise each time you speak to them it costs more and more money?

Newly_retired

OP, what you want to achieve is going to take time, possibly more than a year, so don't get too fixed an any dates.

But it probably will happen, one way or the other. Either your sisters will sell the house, and you each get your share (after costs) or the one who lives there raises the money to buy you out.
If you can be patient, this will happen, and you will get your money, but if you insist on your solicitor sending letters, it will cost you money, eating into your inheritance. If he takes them to court, you could end up with no money left at all.
Try to be patient for a few months.

bouncydog1

You might also want to ask your lawyer what your legal fees are to date. They will be charging you by the minute every time they do something for you, so depending on their rates a 5 minute phone call could be costing £250? Might be best to leave things quieten down for a bit.

getmore4less

IT does not matter how many times you repeat what the solicitor has told you(most people here are fully aware of the law in this area having administered estates themselves) it will not go any faster.

If executors dig there heels in this could take a long time.

The executors have £75k to spend on legal help defending your actions or asking the court do do a 75 act amendment to give the sis living in the place more time to raise the funds to buy you out.

Give it a rest let them get on with it and review in June(6 months from probate).

..........
I guess Plumb1 situation is similar enough
https://forums.moneysavingexpert.com/discussion/comment/70162429#Comment_70162429