Solicitor's letter 7 months after Probate / Estate closed and finalised

Shelldean

Do you and your sister have different fathers?
Apologies if I've missed this fact

childofbaahl

No - same father.

Shelldean

childofbaahl wrote: »

No - same father.

Thanks for the clarification. It was just you said my father all the time.

I can understand why your sister is a bit miffed, as she should receive the same as you from both parents.

But the house became your father's and for whatever reason hes chooses to help you out. It was his to do as he wished.

Unfortunately death where there is money involved does cause problems

Jenniefour

Shelldean wrote: »

I can understand why your sister is a bit miffed, as she should receive the same as you from both parents.

Op has said several times that the sister did actually receive exactly the same amount from both parents. Possibly been lost in the other details.

unholyangel

Jenniefour wrote: »

Op has said several times that the sister did actually receive exactly the same amount from both parents. Possibly been lost in the other details.

Unless I've misunderstood OP's posts, I think perhaps you need to read the thread again from the start.

The OP admits in the first post they reduced sisters share of the house proceeds because sister (probably being desperate for money given she's on benefits/bad with money etc) didn't want to wait the 6+ months before OP would be able to apply for a mortgage to pay her off and tried to get the dad to sell it asap.

The sister seems to have been punished for not wanting to go along with what OP wanted (which was in OP's best interests but against the sisters best interests).

In addition, OP says the father got the rest of the sisters half to cover any potential tax liability the father might have. What isn't clear is whether the rest of that half only covered the sisters share of liability or also paid OPs share.

Legality aside (of course), it doesn't seem like a fair or equal split to me.

Jenniefour

Interesting, so many complicated things went on at the beginning, I think you're correct. Even though sister got a third it seems OP might have got more.

Tom99

Jenniefour wrote: »

Interesting, so many complicated things went on at the beginning, I think you're correct. Even though sister got a third it seems OP might have got more.

Yes, as I understand it sister got 33.3% and OP 50%.

So OP gets 50% more than sister and that's why sister is miffed.

childofbaahl

We both got the same from the estate and the house was split 33.33% to my sister, 16.67% to our father and I got the rest. You say that my sister is being punished but if she was the one to instigate the 3 ways split, the one to argue for it and arrange it with our father, accept it when it is given, then how is she being punished. Yes I can agree and if I weren't caught up in the middle of it I would say she was right to be miffed but in the end it was all her doing really.


A little more info for clarification / subtext. Mine and my fathers split is affected by late mother's wishes, though there was no will she wrote these down and my sister verified that she was aware of the request but the rules of intestacy forbid it. My sister could have followed through with this request afterwards but she said that she wouldn't and of course that would be her right:

• My Mum always felt bad that I had to pay my own way through UNI and so she wrote down that she wanted my Uni' debt to be deducted from the house before any split occurred (this was signed and dated, talked frequently with both my sister and I and also with her friends.) Taking that into account which our Father agreed with and thought it was a good and noble idea to follow means that my sister ended up with more then she would have gotten if our mother had written the will out and the house was all hers.
• I wouldn't have done the probate and she most likely would have used the will writing solicitors firm, I would of had to sell the house and all costs for that would have come from the estate too. You deduct the Uni' money and a hefty gift my sister had promised our father and bingo, she's £2,000 odd worse off.

All this has certainly made me regret doing the probate but only for the stress of it. A solicitor would have found the house issue earlier and though it would have cost us more to do it, they would have drawn up an agreement for us all to sign that we all agreed on. I think in that instance I would still have the house but my father and sister would have less and my mortgage would be more... I would have also lost out on the months dealing with the estate that gave me time to make sure our mother's final moments were all tied up and everything was done properly and with respect. It gave me the time to grieve and be a part of the final goodbye.


It may not look fair on my sister but as I've said, she instigated the split and accepted it... If she goes ahead with potentially taking me to court then she may possibly gain some money but she will most definitely lose any and all connection to the family that she has left. On both sides, they are all flabbergasted at the way she has treated us throughout the whole process. But that being said, I have never and would never use that as an excuse to squeeze her out or punish her. If she hadn't come up with the split then we would have gone to solicitors and taken it from there.

baza52

childofbaahl wrote: »

We both got the same from the estate and the house was split 33.33% to my sister, 16.67% to our father and I got the rest. .

Im confused, how did you get the same from the estate when sister got 33.33% and you got 50% of the house value?

Unless you both ended up with equal money after the estate value and the house sale proceeds I can understand why she would think it unfair and want her fair share.

childofbaahl

The estate and the house are separate issues. The estate was split straight down the middle following the rules of intestacy whilst the house, having been bought as joint tenants, passed to our father who split the house following the agreement he made with my sister.