My sister wants to move into my fathers house.... but hasn't put her house up for sale

Zecis

So we don't know how to approach this. My father died in Feb, My wife is the Executor and is anxious to get closure to the process for emotional as well as financial reasons. Her sister (who my wife is close with and wants to remain close to) expressed her desire to buy father's house in early summer. In order to do this she needs to sell her own house, but now some 8 months later still has not put her house on the market. She seems to always find reasons why it can't happen... re-decorating, de-cluttering, another house has gone up for sale in the same street - the list goes on. At the same time she is planning the changes she wants to make to Father's house.
It goes without saying that until the house sale is complete we cannot get our share of the inheritance, neither can any of his grandchildren. We are approaching retirement and want to pay off our mortgage and the children are desperately saving to buy their first homes and their share of the inheritance would help enormously. 
Does anyone have any ideas how we may encourage her and her husband to actually start the process of selling their house without getting legal or nasty?

Zecis

I should add the house is in on a very popular 1930s estate where houses sell incredibly quickly

Mojisola

Zecis said:

So we don't know how to approach this. My father died in Feb, My wife is the Executor and is anxious to get closure to the process for emotional as well as financial reasons. Her sister (who my wife is close with and wants to remain close to) expressed her desire to buy father's house in early summer. In order to do this she needs to sell her own house, but now some 8 months later still has not put her house on the market.

Give her a deadline otherwise father's house will be put on the market.

74jax

So it's your dad who died and your sister in law who is now in the property? 
Who did your dad leave the property to in the will? 
If your wife is executor has she done the final arrangements already? If so who owns the property at Land registry or is it still held by executors to distribute? 

74jax

Mojisola said:

Zecis said:

So we don't know how to approach this. My father died in Feb, My wife is the Executor and is anxious to get closure to the process for emotional as well as financial reasons. Her sister (who my wife is close with and wants to remain close to) expressed her desire to buy father's house in early summer. In order to do this she needs to sell her own house, but now some 8 months later still has not put her house on the market.

Give her a deadline otherwise their father's house will be put on the market.

I don't think it's the Sister in laws dad who died, I think it's the op. If I've understood right. 

The person living in the house now is no relation to the deseased. 

Sea_Shell

Has she actually moved in?

nanapop1977

Exactly what Mojisola said - give her a deadline.  Say it's going on the market on a certain date and at what price and then it's up to her to put hers up for sale and hopefully be in a good position to try to buy it.
Stamp duty "holiday" ends in March, and in our area property market is currently very buoyant.  But in the situation that could change drastically  in the new year. The job of the executor is to do the best for the beneficiaries, not to do favours for other family members. Executor just has to harden her heart. If her sister really wants the house, I'm sure she will get going in selling her own property.

74jax

Sea_Shell said:

Has she actually moved in?

Good point. I might have jumped the gun.... I'm confused anyway....., 😂 

Brynsam

Zecis said:

So we don't know how to approach this. My father died in Feb, My wife is the Executor and is anxious to get closure to the process for emotional as well as financial reasons. Her sister (who my wife is close with and wants to remain close to) expressed her desire to buy father's house in early summer. In order to do this she needs to sell her own house, but now some 8 months later still has not put her house on the market. She seems to always find reasons why it can't happen... re-decorating, de-cluttering, another house has gone up for sale in the same street - the list goes on. At the same time she is planning the changes she wants to make to Father's house.
It goes without saying that until the house sale is complete we cannot get our share of the inheritance, neither can any of his grandchildren. We are approaching retirement and want to pay off our mortgage and the children are desperately saving to buy their first homes and their share of the inheritance would help enormously. 
Does anyone have any ideas how we may encourage her and her husband to actually start the process of selling their house without getting legal or nasty?

If your wife is the sole executor, she holds all the cards - at least legally. The hitch is ensuring she doesn't fall out with her sister while trying to do her best for her FIL's beneficiaries - but that's no reason to tolerate moral blackmail. 

Your wife is the one allowing her sister to drag out the process, so until she gives her sister some reason to stop dithering, nothing will change. How about your wife giving her sister a clear message that:

• the delay is distressing her both emotionally and financially (ditto you)
• she will put your late father's house on the market in the first week of January
• an offer from her sister could then be compared to offers from other potential buyers.

Good relationships work both ways, and it's time her sister woke up to this. If you and your wife can offer any practical help in these COVID-restriction riddled times, that would doubtless help. 

Marcon

Your wife needs to be the one to stop the shilly-shallying by taking a kindly but firm approach. Her sister has no incentive to get her act together while the executor's overly-relaxed approach to the sale (and that's what it is) is allowed to go on. Some gentle assertion is going to be required before any real action takes place, and the longer your wife lets things drift the more irritated the pair of you will get with her sister.

BrassicWoman

Put it on the market. The sister then has a clear way and timeframe to buy it.