Feeling frustrated

kelloggs36

My sister and I have inherited our late parents' house afternour mum died in August. My sister and husband want to buy me out and are living in the house currently with no expenses other than household bills. No rent/morrgage or council tax as the house has not been registered after mum's death. Probate has been obtained. We are joint executors and the house has been valued by estate agents and the market value is what she is imtending to pay me half of.

I am feeling uncomfortable as she and her husband have not yet secured a mortgage in principle yet they have literally ripped out the whole of the downstairs in anticipation of them becoming the legal owners and have bought new furniture etc. They both have poor credit and have been rejected by high street lenders and have approached a broker who can access alternative lenders. They have paid off all their credit cards and loans so owe nothing to anybody. They were offered a mortgage a couple.of months ago whem they were about to buy a different house but on the day they were due to exchange, the mortgage co (Kennsington) suddenly demandednthey pay an extra 12k deposit or pay off their credit cards and they wantednto see wagenalips etc all over again. They didn't habe the money so had to pull out of the purchase. It was then that they decided to buy me out. So far it has taken 3 weeks and still mot even a mortgage in principle has been offered. The guy went on holiday for 2 weeksnso they couldn't do anything then they have applied andnyet again the guy is off! I am getting very nervous that they may not get a mortgage at all. I have tried to het her to wait until it as gone through before she changes anything but it has fallen on deaf ears; she is very confident. The house looks like a bomb site now and her hubby is slowly replacing things like flooring and plastering etc. I just wish she had waited but she getsbshirty with me if I brong it up saying that even if itnhad sold we wouldn't have the money yet. She has the full benefit of mum's inheritence - including my share whilst I have nothing at the moment!

badger09

You sister seems to be taking advantage.

You really do need professional advice, as you were told in one of your previous threads.

Assuming nobody has yet replied to your duplicate thread, could you please delete it?

kelloggs36

I have sought advice and that is not an issue as it was about the transfer if the house to her. Until she has a mortgage I cannot do anything at all.

Dox

kelloggs36 wrote: »

No rent/morrgage or council tax as the house has not been registered after mum's death.

That shouldn't stop her paying you rent as half the property is yours. It certainly won't stop the council chasing them for council tax, so they need to get that sorted out pdq.

nom_de_plume

Sadly I suspect the OP is equally responsible for council tax as things stand.

getmore4less

nom_de_plume wrote: »

Sadly I suspect the OP is equally responsible for council tax as things stand.

Occupation trumps ownership for liability in most cases.
The sis appears to be using it as her main residence.

OP should update the council the there are people living in the property as the Death/probate/class F exemption only applies to properties the become and remain empty.

kelloggs36

CT was xempt for a while until probate sorted etc. My concern was her ripping it allapart without having full ownership. My pleas fall on deaf ears.

Flugelhorn

kelloggs36 wrote: »

CT was xempt for a while until probate sorted etc. My concern was her ripping it allapart without having full ownership. My pleas fall on deaf ears.

I think it is only exempt after a death if there is no-one living there.

marliepanda

kelloggs36 wrote: »

CT was xempt for a while until probate sorted etc. My concern was her ripping it allapart without having full ownership. My pleas fall on deaf ears.

Yeah you are absolutely wrong on this.

An empty property has discount until probate is granted, and then for a period after to give people chance to sell it or do something with it. If someone inherits it, it’s theirs. It’s not a free period for someone to live CT free.

It’s only not ‘registered’ with the council because you haven’t told them. They will find out. The land registry will tell the council when you took ownership and it will be backdated until then.

Source: I just sent a backdated 18 month bill on a property to a very disgruntled inheriter.

kelloggs36

Legal ownership has not taken place yet - it is occupied in the same way as it was when we notified them about mum's death. Until it has gone through, it is still part of the estate. As soon as this happens, or on 1st December (whichever is sooner) the CT exemption ends and my sister will have to sort out paying it and having it in her name.

Savvy_Sue

kelloggs36 wrote: »

Legal ownership has not taken place yet - it is occupied in the same way as it was when we notified them about mum's death. Until it has gone through, it is still part of the estate. As soon as this happens, or on 1st December (whichever is sooner) the CT exemption ends and my sister will have to sort out paying it and having it in her name.

No, the CT exemption ended when your sister moved in. If that was prior to death, then there should not have been a 'free' period. If your mother was receiving a 25% discount for living alone, that should have ended when your sister moved in.

council tax is due regardless of who owns the property legally.