Selling family home and will

cameronboy

Our parents died four years ago and we let our sister occupy the house following their death as she had split with her husband.. The main executer (eldest brother) passed away at the same to as my parents and the second executer has come into play but frankly has done nothing and has allowed my sister to remain at the property not paying rent...
She is working divorce has gone through...and is enjoying living life of Riley holidaying 3 time a year and not doing basic maintenance on the house.... its up for sale but she does not do basics of keeping windows clean garden etc...weeds...SO potential buyers are not going to take second look...
has anyone any advice ...ps she also has wealthy boyfriend and flirts between the properties but obviously looks after his house but not the one she is occupying rent free....personally I feel she had taken the !!!!....Where do we stand on our investment the house is devaluing is the executer liable for not selling the property in a speedily fashion and allowing it to fall into ruin so our share of the sale is reducing all the time...

jackyann

You might try posting on the Death & Probate board that is sub-section of this one.
It is unclear from your post as to how many executors there are and whether you are one.
If you are going to tackle this you will need to distance yourself from the emotional upset around your sister's life style and stick to the facts.

I suggest that you contact all of the executors and ask that the estate be dealt with in a timely manner. This could include asking the executor(s) to be present when an estate agent comes round - the agent will give advice about marketing the house and the executors should take notice of this.
The executors should have a plan to distribute to all the beneficiaries. They can write to your sister with a plan that may include her living rent-free in return for upkeep & marketing the house. If she is not doing this, then the executors can take this over and charge the estate for the cleaning / repairs / marketing; they may also charge your sister rent.

If you can arrange this with the executors then do so. Otherwise, you may have to get legal advice - which can be charged to the estate. But I repeat that no-one will be interested in her divorce or her boyfriend - just the facts about her occupation and care of the house.

Ames

You need proper legal advice. If your sister is now a tenant she has legal rights to stay there.

You have my sympathies, I had similar problems with my sister who was backed up by our dad. In the end she devalued the estate, bought me out at a low price, and we haven't spoken in years.

You're right about the executor. They have a legal duty to wind up the estate in a timely manner. It sounds like they're not fulfilling their role properly. I'm not sure if it's the same with an executor, but an administrator can be taken to court if they're not doing their duty.

If I were you I'd be finding a probate solicitor and hand the mess over to them to sort out. But be prepared for family fallout.

Keep_pedalling

The executor has a duty to obtain the maximum value of the estate for all beneficiaries, so when this is eventually sold your sister's share should be reduced to reflect the rent the rest of you have not been receiving.

i would try and talk her into moving out permanently so the rest of you could blitz the place to make it more appealing to buyers. If she won't go then she should be evicted.

exiled_red

4 years is a really long time to sort things out particularly if there is a will. I think you need to speak to the executor and if they aren't really doing anything suggest that they put it in the hands of a solicitor to sort out.

What you shouldn't do is confront your sister, although the children are of equal standing it is for the executor to sort out the situation with the house and your sister's right to stay there, and you don't know what has been agreed. I am assuming that all the children have a share of the estate and that the house is a large part of that, rather than the house being left to one person. If this is the case and your sister wants to stay there is there the possibility of her buying you and your siblings out? (assuming you are all happy to let her do this), that could be the easiest way to sort this out - she gets to stay and you all get your share of the estate. If not establishing her rights and responsibilities as a tennant if she has any and getting a solicitor to deal with the estate seems the best way to handle it, but this is down to the executor.

Kynthia

If there is no rent being paid at all, never was, never had an agreement for rent to be paid, and nothing was expected from your sister in lieu of rent (such as repairs or decoration of the property) then I don't believe she is a tenant with tenancy rights. She is probably an excluded occupier living there on license who has similar rights to a lodger without a contract agreeing different rights. Shelter has a tenancy checker which is useful for giving an idea of what kind of tenancy/occupation rights people have.

If this is correct then she can be asked to leave with reasonable notice, and the locks changed while she is out if she doesn't comply. I'd want to make sure the notice was very reasonable and documented though. Your main problem is tge executor though and nothing will improve until tge executor does or is replaced. Can you look at how to do that?