Probate house change of ownership

Yorkshireman99

Michela wrote: »

I have been told they can represent both sides, not everyone will do it due to the risks but this should be straight forward.

The solicitor’s rules prohibit them representing both parties. But two separate solicitors within the Same firm would be OK.

Michela

Ok update.

This other person has 20 shares in the property and is so unhappy that I have got a solicitor they are threatening to force a sale of the property I live in with my children.

I am dealing with someone very irrational.

What is my legal position with that?

I am at breaking point to be honest. My dad would be devastated.

nom_de_plume

Can you explain what 20 shares mean?



What does the Will actually say about the property?


Who is the executor of the estate?


What is the relationship of the other person and how did they come to be left the share in the property?


How long have you and your children been living with your father and what was the arrangements with regards to rent, bills, etc?


It's hard to give best advice without knowing much more about the situation and the person involved but my thoughts would be to call their bluff and suggest they go for forcing a sale with the attendant extras costs (estate agent, etc.) plus time delays and legal costs in actually attempting to force a sale. If they want the money, this may focus their attention on taking your proposed route.

getmore4less

If you have the cash to buy them out them trying to force a sale to someone that is not you will not get very far and cost them a significant chunk of their 20%.

Most likely outcome if it went to court is the forced sale will be to you.

Michela

nom_de_plume wrote: »

Can you explain what 20 shares mean?



What does the Will actually say about the property?


Who is the executor of the estate?


What is the relationship of the other person and how did they come to be left the share in the property?


How long have you and your children been living with your father and what was the arrangements with regards to rent, bills, etc?


It's hard to give best advice without knowing much more about the situation and the person involved but my thoughts would be to call their bluff and suggest they go for forcing a sale with the attendant extras costs (estate agent, etc.) plus time delays and legal costs in actually attempting to force a sale. If they want the money, this may focus their attention on taking your proposed route.

Thanks.

The other person is a step son from my father's previous relationship (before he divorced and married my mother many years ago, my mother is also deceased). I don't know him very well.

I lived me my father for 6 years, I paid all the bills, the house insurance, repairs etc from the moment I came to look after him.

The will left me 80 shares and him 20 shares in the property.

We are both executors.

I have also paid out significant repairs since my father passed away.

I have raised the funds which are sitting in my bank account.

In our last conversation he said I have no right to not pay him straight away. I should pay now and trust him to do the land registry. He states he could have thrown me and my family out at any time but was gracious enough not to do that. With an underliniijg message he would do that now.

It all seems a little bizarre to me. As mentioned it's not like am I am sitting here twiddling my thumbs, I raised the money and that's it.

nom_de_plume

I don't know if it's a case of sour grapes at you getting the greater share of the property but comments like him having you thrown out at any time are complete nonsense. For a start he would have to instigate court proceeding to obtain a possession order but, to be successful, he would have to have a good case in his favour. I see none of that.


As I suggested previously, maybe call his bluff. Tell him to get on with it if that's what he wants but make it clear the money is sitting there waiting, with his name on it. All he needs to do is spend 30 minutes with your solicitor rather than waste days and days of his life and most of his inheritance paying the bill for it.

Socajam

Just by the person telling you that giving them the cheque and the house will be yours should be enough to give you the goose pimples.
When it comes to death/money, always do things the correct way - meaning legally.
Failure to do so, could see this returning to haunt you and then you would be back on this board asking what to do.
As someone suggested, get the property valued, send any information to the other person registered mail, they sound really shady to me, so please be careful.

Rodders53

If he won't consult and instruct a solicitor to handle the transfer of his 1/5 of house to you in consideration of the money you're offering... is he gonna consult a solicitor with a view to getting your family evicted and the property sold?

I doubt it.

Even if he did, said solicitor is likely to advise him to transfer the share and take the money, surely? (Which IMHO he likely knows, all too well).

Call his bluff.