Late fathers House selling

scopex40

Three Months ago my father passed away after losing his battle with illness.

My sister was made executor of dads will and is supposed to be dealing with his estate.

The will states the house is to be sold and the money divided three ways. I have offer to buy my sisters out by paying the market value and I would become the owner of the house.

Sisters have refused to sell to me because the see it as me gaining. They are putting the house on the open market via an estate agent and have said even if attempt to purchase through estate agent they will not sell to me.

Can the estate agent or sister stop me from purchasing my late fathers home ?

Selling through estate agent will cost more in fees. Will I be able to stop the fees coming out of my share of the house if it sold on the open market?

I have spoken to fathers solicitor but the unable to advise because conflict of interest.

How do I proceed?

Owain_Moneysaver

The fees will be taken out of the value of the estate before it is distributed.

I don't think the executor can refuse to sell the house to you if you pay the open market price. If the executor doesn't accept the best offer then the executor is depriving all the beneficiaries (including you, because you'll get one-third of the sale price in cash) of value.

Why do the sister(s) think you are gaining if you pay full market value and they inherit one-third of full market value?

I think you need to instruct your own solicitor to put your own offer to the executor, making it clear that you're offering full market value and the executor is obliged to accept the best offer.

00ec25

Owain_Moneysaver wrote: »

I think you need to instruct your own solicitor to put your own offer to the executor, making it clear that you're offering full market value and the executor is obliged to accept the best offer.

as he says, this must be the perfect answer to what you need to do

the executor has a legal duty to accept best offer. Of course how you define "best" can involve more than just money, but hey ho.

no you cannot force the estate to absorb your share of any costs if it sells through an agency

if it reaches the point where you consider your offer is "nest" but the executor still refuses to accept it then you need to apply to the court to force the removal of your sister as executor and her replacement with ano (you?)

scopex40

My sisters do not understand these matters and do not like to see me get on. One sister claims our late dad said make sure me his only son does not get the house. He had dementia.

I offered them forty thousand each but they declined. How can they stop me purchasing from the open market?

scopex40

no you cannot force the estate to absorb your share of any costs if it sells through an agency

I am not trying to force the sale of the house. But fees will apply if the house is sold on open market.

Dippypud

scopex40 wrote: »

My sisters do not understand these matters and do not like to see me get on. One sister claims our late dad said make sure me his only son does not get the house. He had dementia.

I offered them forty thousand each but they declined. How can they stop me purchasing from the open market?

Can you not have someone buy as your agent ?

It must happen now and then, as property becomes available but 'must' be sold on the open market ...

scopex40

Can you not have someone buy as your agent ?

Not sure how to do this or if it can be done.

AnotherJoe

scopex40 wrote: »

Can you not have someone buy as your agent ?

Not sure how to do this or if it can be done.

Pay a solicitor to do it on your behalf, they would state to the EA / executors that the purchase is on behalf of "an investor". And use a solicitor not in your home town.

.I suspect your sisters would see through the ruse though unless you went to extreme lengths such as changing your name without telling them so they see Mr Smith purchasing*. Then you could change your name back.

You'd also need to get a bigger mortgage than you needed and then pay off a chunk with your inheritance.

* unless your name IS smith of course

00ec25

scopex40 wrote: »

How can they stop me purchasing from the open market?

simple, they are the only people legally authorised to sign the sales contract

if they do not sign it, you are not going to buy it

perhaps you should put your energy into resolving why your sisters apparently hate you?

tacpot12

A couple of good suggestions have been made as to how you might be able to buy the house, but if you succeed, your sisters will find out eventually. If you want to improve your relationship with them, going behind their back would be the worst thing to do. If you are happy to put owning that particular house ahead of your relationship with your sisters, then go ahead and find a way to buy it. But the best outcome might be that you invest your share of your inheritance elsewhere.

DaftyDuck

If they do well through an agency, have them notify the agency of your wish to buy first, and as such you should be able to ALL avoid the agency fees if your offer is highest.