Sister won’t sell house

xylophone

Help please. My sister and I are joint executors and joint beneficiaries of our late mums property. I want to sell and my sister doesn’t. She wants to keep all the utilities on and wants me to pay half the bills. I am happy to do this until we get probate but I can’t afford to keep paying for longer. In The meantime she won’t give me a key to the property so I can’t gain access although she can. Any advice on what I can do about this situation ? Thx

In the end, the legal route may be your only option.

Explain to your sister that if she will neither sell nor buy you out, you will have recourse to this and that as it is she who is being obdurate, the court may well take a robust view of her intransigence and require her to pay the costs.

https://www.co-oplegalservices.co.uk/media-centre/articles-apr-jun-2019/what-happens-when-joint-executors-disagree/

Dox

Try a different tack. Instead of the 'I want to sell/she doesn't want to sell' route, say you are quite happy to sell your half of the house to her if she can give you an acceptable indication of timescale and how she plans to fund this. Ask her which estate agents she would like to use for the valuation.

It may not get you any further, but it's worth a go - and sometimes unblocks this sort of logjam if you avoid simply locking horns over the sell/don't sell piece.

Fire_Fox

Bishops174 wrote: »

Help please. My sister and I are joint executors and joint beneficiaries of our late mums property. I want to sell and my sister doesn’t. She wants to keep all the utilities on and wants me to pay half the bills. I am happy to do this until we get probate but I can’t afford to keep paying for longer. In The meantime she won’t give me a key to the property so I can’t gain access although she can. Any advice on what I can do about this situation ? Thx

Mum didn’t have any savings so at the moment we are paying for everything ourselves.

If you are both executors and beneficiaries she has no legal right to do this. Employ a locksmith if needs be. Do not keep paying the household bills yourself, you are enabling your sibling to breach her rights and obligations as executor.

If the will specifies to sell the property the executors (you) must do this. If you cannot settle your mother's affairs - utilities, funeral, other debts - from her estate then again you must sell the property. Executors and beneficiaries are not expected to pay bills out of their own money.

Write to all utility companies informing them of your mother' passing - copy the death certificate - and that there are no funds to pay the bills.

Switch the water off at the stopcock and drain down the system. Transfer the gas/ electric to a tariff that has no standing charge. Turn the electric off at the circuit breakers. Turn the boiler off.

Only put the water and heating on (low/ frost protection) if there is a very cold snap.

Write to the council tax department informing them of your mother's passing, that the property is unoccupied and that there are no funds to pay the bills. They may require you to make the property 'unfurnished' as soon as you are able. You should be entitled to six months free of any council tax liability.

Bishops174

It’s emotional. She doesn’t want to part with it but she can’t afford to buy me out

xylophone

She doesn’t want to part with it but she can’t afford to buy me out

Sadly, sentiment doesn't pay the bills.

Explain to your sister that you are not required to pay bills which are those of your mother's estate and in any event you cannot afford to do so.

If she cannot buy you out then the house must be sold to a third party.

Fire_Fox

Bishops174 wrote: »

It’s emotional. She doesn’t want to part with it but she can’t afford to buy me out

With your bereaved daughter/ beneficiary 'hats' on it is understandable for one or both to be struggling emotionally. But with your executor 'hats' on you both have duties and obligations. Your sister needs to comply with your mother's wishes as laid out in her will, or resign as one of the executors.

If someone is not seeking help with their emotions and mood after a bereavement it is not necessarily a good idea to go along with whatever they want. Especially ifthat will cause you additional stress financially.

Malthusian

Bishops174 wrote: »

It’s emotional. She doesn’t want to part with it but she can’t afford to buy me out

Wanting to move into a free house that somebody else has a 50% share of and have them pay 50% of the bills isn't emotional, it's cynical.

i think she thinks that I should let her have the house as some sort of recompense for this.

What do you think?

She gave her care freely at the time and can't retrospectively decide to send your mum a bill for her services now she's passed on.

Do you know for certain that your mother didn't recompense her? Your mother may have paid your sister's expenses and made gifts to her as thanks when she was alive, and there's no particular reason you would have known about it.

But you are free to give her any part of your share or vary the estate; it's your decision. If you don't choose to vary the estate you must both distribute it as per the Will.

Bishops174

Since writing this my sister has told me that she deserves two thirds of the estate. This has irritated me.. I had already given thought to giving her some of my part but now I feel disinclined to do so. I will give it further thought once and when she agrees to sell.

Malthusian

Bishops174 wrote: »

Since writing this my sister has told me that she deserves two thirds of the estate.

So from an initial position of demanding she gets to live in the whole house and you pay half the bills, she's now down to 66% of the estate. At this rate she will have caved in and accepted the default position (50% as per the Will) before too long. Donald Trump approves of your negotiating ability.

Personally (this is not legal advice or any other kind) I would either a) stick to my guns or b) offer 60/40 on the understanding that she lets me get on with selling the house and distributing the estate, and any attempt to interfere means we go back to 50/50. Whether this would make sense for you depends how badly you need 10% of the house value.

Others will say, correctly, that the Will says 50/50 so there is no reason you should offer more. Some people however could live with forfeiting 20% of a windfall in exchange for a) knowing they won't forfeit more in court costs b) grabbing an unassailable position on the moral high ground c) getting it done with the minimum of fuss and familial strife. Just a thought.

If the property is a £5 million mansion than naturally 10% will be a steeper price than if it's a terraced house in Stoke.

lisyloo

My understanding is that you are both legally obliged to carry out your mother wishes (and morally I’d say).
Should you wish to gift your sister money (or give you share to the cats home) after the distribution then that is entirely your choice as it’s then Your money.

I would be telling your sister that you are both legally required to execute the will.

Her attitude would irritate the hell out of me her but it’s not uncommon for these things to happen When money is involved.