Sister won’t sell house

MEM62

Bishops174 wrote: »

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

What you sister feels she should be entitled to is irrelevant. Your mother left a will and her wishes are expressed in it. It is your duty as executors to ensure that those wishes are respected.

Once the estate has been dealt with in accordance with your mum's wishes you can decide to give your sister your money if you have a mind to. Giving away money is very easy. Personally, I see no reason, moral or otherwise, that you should.

Bishops174

It’s certainly not a mansion. My desire is to sell so that we can move on and not have the thought of sorting it out linger for the next year. I would forego 20% to do that. The money is not as important to me as moving on. I was pretty angry at the fact that she believes I do not deserve half mums estate but it would be worth it to get it done. It’s a watch this space.

Malthusian

Bishops174 wrote: »

I was pretty angry at the fact that she believes I do not deserve half mums estate but it would be worth it to get it done.

Neither of you deserve mum's estate, it's a windfall. Unless you bought everything she owns for her, but that would be unusual (and that would only give you a moral case, not a legal one in itself). People's estates aren't divided up according to who can make a case that they deserve it, that's why we have Wills.

Hope it goes well.

YoungBlueEyes

I would be very carefully about promising to give away, or eat into, your 50%. As has been suggested I would perhaps consider after the dust has settled, but certainly not before. Bear in mind too that people who are appeased by giving them money once will always come back for a second bite of the cherry.

I speak from experience. When our father died our 2 half sisters came out of the woodwork demanding all sorts and using every tactic in the book to get what they wanted. I stood firm and kept what dad wanted me to have. My sister gave in to them and they’ve been drip feeding money from her ever since. I’d say they’ll only stop when she has nothing left to give.

So what seems like a bit of money now for peace of mind could turn into a floodgate. What reasons could you give for saying no once you’ve already said yes? “I wanted to get you off my back” “Good, so pay me again”.

Be careful, and good luck.

Old_Git

you can change the locks ,its partly your house.

Gavin83

YoungBlueEyes wrote: »

I would be very carefully about promising to give away, or eat into, your 50%. As has been suggested I would perhaps consider after the dust has settled, but certainly not before. Bear in mind too that people who are appeased by giving them money once will always come back for a second bite of the cherry.

I speak from experience. When our father died our 2 half sisters came out of the woodwork demanding all sorts and using every tactic in the book to get what they wanted. I stood firm and kept what dad wanted me to have. My sister gave in to them and they’ve been drip feeding money from her ever since. I’d say they’ll only stop when she has nothing left to give.

So what seems like a bit of money now for peace of mind could turn into a floodgate. What reasons could you give for saying no once you’ve already said yes? “I wanted to get you off my back” “Good, so pay me again”.

Be careful, and good luck.

In all honesty while I don't disagree with the sentiment it's your sisters fault for being so weak. She could easily just say no. As for reasons for saying no, it doesn't need one, a simple "I'm not giving you anymore" will be sufficient.

I think in the OPs case 10% to get it resolved quickly, not to have to go to court and maintain a relationship with her sister is a small price to pay.

troubleinparadise

Gavin83 wrote: »

In all honesty while I don't disagree with the sentiment it's your sisters fault for being so weak. She could easily just say no. As for reasons for saying no, it doesn't need one, a simple "I'm not giving you anymore" will be sufficient.

I think in the OPs case 10% to get it resolved quickly, not to have to go to court and maintain a relationship with her sister is a small price to pay.

I rather suspect that the relationship with the sister is already damaged beyond repair if it is to take large sums of money to pay off her resentment. Do as you feel you’d like to do within the legalities of this situation, OP - sadly that relationship won’t ever go back to what it was before all this.

TripleH

Does your sister own another property or does she rent?
You can only go by what your mother's will states, tell your sister that.
In the worst case could she live there but sign you over a first charge on the property of 50%?

Malthusian

TripleH wrote: »

Does your sister own another property or does she rent?
You can only go by what your mother's will states, tell your sister that.
In the worst case could she live there but sign you over a first charge on the property of 50%?

She could but the OP might as well just give her the thing, and walk away happy with their generosity.

If they are of comparable ages there's a very good chance the OP would never see any money from the house in his lifetime. And what difference would it make in the grand scheme whether his heirs or his sister's eventually benefited from 50% on her death? Possibly none at all if it had fallen to ruin by that time.

YoungBlueEyes

Gavin83- Yep my sister is weak (soft hearted?). They played her like a fiddle knowing she was incapable of saying no. She said she did it to keep the relationships together, which is admirable, and it did work to an extent. She now only sees them when they want more, and she’s happy to be “doing her bit to keep the family together”.

OP if you’re sure giving way a little now will be the end of it, then that’s one thing. But speaking from experience I wouldn’t bet on it.