Advice on intestate, siblings and death of one sibling

rogerramjet

Hi all, a bit of a confusing one for me, have tried internet searches but have had no joy, so I thought before contacting a solicitor I'd ask the question here in case someone has come across or has had the same issue.

A bit of background first: My father died in 2003 leaving no will, my sister was granted probate to sell his house which was his only real asset and the monies from the sale of house was then to be divided between remaining siblings (there are six of us).

As a very laid back family the house has still not been sold, however; my sister who was granted probate has now passed away and it looks like I will need to apply for probate as the rest of the family don't want to.

As my father had left no will, I have found rules of intestate meant surviving children would inherit which would be at the time of his death the six of us. My sister who has passed away, had no children, however; she had written a will stating her wishes in relation to her estate.

My question is, due to her passing away before my fathers house (estate) had been sold, would her share of any future sale still be liable to be paid to her estate or would the sale of the house now only be required to be split between the remaining five siblings?

As it stands, none of my brothers or remaining sister have any issues if the house sale would need to be split six or five ways, its just my sisters executor is saying none of her estate can be divided to beneficences until my fathers house is sold as my sister was entitled to a sixth of it.

Taking into account its been 13 years since my fathers death where none of the family had been in a rush to sell the house, there could potentially be another good few years before its eventually sold which could cause upset to those who are beneficiaries of my sisters will.

One other point, my fathers house has been valued at below £70k so after a potential sale is agreed, selling fees, etc. its likely to be around the £60k mark once sold

Any advice would be appreciated, but I think this one may need the contacting of a solicitor.

Torry_Quine

Firstly probate is only when there is a will, someone needs to apply for letters of administration. As your sister survived your father then her share goes to her estate and would be distributed according to her will.

Mojisola

rogerramjet wrote: »

My sister who has passed away, had no children, however; she had written a will stating her wishes in relation to her estate.

my sisters executor is saying none of her estate can be divided to beneficences until my fathers house is sold as my sister was entitled to a sixth of it.

Taking into account its been 13 years since my fathers death where none of the family had been in a rush to sell the house, there could potentially be another good few years before its eventually sold which could cause upset to those who are beneficiaries of my sisters will.

Your sister's executor will probably not let this happen.

He/she has a duty to your sister's beneficiaries to make sure that her inheritance is paid in a timely fashion.

hcb42

Why is it taking so long to sell this house? Sister's estate is still entitled to their share, but the bigger question is getting this dealt with. I appreciate it is not a lot of money among six, so there mght be no urgency, but still, it must be costing you in maintenance and repairs while you hold on to it

TBagpuss

As others have said, the relevant dates are when your dad and sister died, not when the house sells.

Your sister's share goes into her estate and her executors may push for the sale to be dealt with without further delay.

If you and your surviving siblings don't want to sell the house yet then you may be able to buy her estate out, by paying the estate 1/6 of the value of the house (and any remaining assets in your dad's name).

rogerramjet

Thanks all for the replies, I guessed as much in relation to my sisters share, but wanted to confirm it.

In relation to the house and why hasn't it been sold yet, its just one of those things, where as no-one in the family has pushed it, it just hasn't happened. Suppose this will be the push to get it finally sold now though.

Keep_pedalling

To leave it so long is not being laid back it is plain bonkers, has it been empty all this time?

Yorkshireman99

rogerramjet wrote: »

Thanks all for the replies, I guessed as much in relation to my sisters share, but wanted to confirm it.

In relation to the house and why hasn't it been sold yet, its just one of those things, where as no-one in the family has pushed it, it just hasn't happened. Suppose this will be the push to get it finally sold now though.

Someone needs to get a grip on the situation. The value of the house has to be that at the date of death. It is likely to be worth a lot more now and CGT is likely to be due from the executors when it is sold. Do try and convince you family that they really must deal with the matter.

Keep_pedalling

With a current value of £70k CGT issue should be an issue if the OPs sister transferred the property to the beneficiaries, however if, as seems likely, the house still sits in the estate then there will only be one annual allowance to off set any gain which could be be expensive.

Mind you if the place has had the same "laid back" treatment as the estate we might be talking about a loss rather than a gain.

kazwookie

If the house has been empty since 2003, you couldhave a load of other problems.

Is it empty?
Has it been cleaned and looked after?
Is it on the market to be sold, if so a swift kich up the EA backside may be in order
If it is not on the market then get 2 EA round and get it on the market.
Is the house insured

Mojisola

Has someone been paying Council Tax for the place?