Rights of Tenants in Common. Ripped off in my fathers will

sheramber

If you own 25% of the house then should your sister not pay you 25% of the market rent for the property.

Surely, your father's will does not affect your share of the house.

You need proper legal advice.

Sea_Shell

sheramber wrote: »

If you own 25% of the house then should your sister not pay you 25% of the market rent for the property.

Surely, your father's will does not affect your share of the house.

You need proper legal advice.

Yes, OP still owns 25% and wants to liquidate this.

However, with an unwilling 75% co-owner, who doesn't seem prepared to give the OP anything, it's unfortunately going to get messy (or even messier)

Brynsam

joyfully wrote: »

I certainly do not want to live there with my sister after her underhand behaviour.

And yes it is still very raw, especially it has spoilt my happy memories of my father. He was weak to give into her and cowardly not to have told me before he died. We went fishing together only eight weeks ago and he changed the will last August under pressure from my dear sister.

I am not wealthy, and 67 years old and so the monies would have been very useful.

So far I have controlled my anger and have written a conciliatory letter to my sister blaming him for the change, saying that it was specially against the wishes of my deceased mother and that maybe she should consider doing the right thing and paying me half the market rent for my 25% plus the 25% she stole from me (not in those terms) .

As she has spent the last two years engineering this situation I suspect she will say no, why shouldn't she.

So then I will let all our family and friends know what she has done. Then go for the forced sale of the property as she can't afford to buy me out.

In the meantime I will check the legalities, but my understanding is that I can put a tenant in, possibly a DSS tenant with a dog as she hates dogs and people she calls scroungers off the state. So that way she will not so easily sit in the lovely garden and rub her hands in glee.

And I might even ask the police to get a statement from her about a man who had lived in the same house for 25 years suddenly fell down the stairs, not that long after changing his will in her favour. At least it might make her feel uncomfortable!

Just listen to yourself...is this a real thread, or are you just trolling?

Marcon

joyfully wrote: »

Everything as a family had always been 50/50 which my mother insisted upon. Were you doing 50% of the caring for this 94 year old?


My mother died two years ago and so I now own 25% of the house. My father died two weeks ago and my sister had bamboozled him into giving all of his 50% share to her, supposedly because she liked living there for free (who wouldnt) and I might force a sale (as I would have). But you have a home. Perhaps your father knew what you would do and didn't want to see his daughter homeless?

So now I am not at all impressed with her (she did let him fall down the stairs whilst looking after him in the night and he died five days later). What was she supposed to do - lock him in his room? Stay up and watch him 24 hours a day? These things happen, particularly as people get older - and your father was very old.

Any pointers on my rights much appreciated.

As others have said, you need a face to face conversation with a solicitor. In your other posts you bang on about the legal costs of selling the property - why? Estate agents will charge around 1% of the sale price (+VAT); the legal fees are likely to be much less than that if the sale is straightforward.

Sea_Shell

Hi Joyfully,

Have you been able to see a solicitor this week? If so, how did it go?

Have you had any more thoughts on your next moves?