Inherited house & family

RAS

If there is  a will it specifies what happens to the assets. So it might say, everything sold and split equally, or unequally. Or the house to my children, as long as their mum/my new partner/cat is allowed to live there until their death.

In practice one party might want to buy the other beneficiaries out, which is sometimes amicable and sometimes they have to go on the open market. More difficult when the executor(s) are also the beneficiaries wanting to buy, as they are legally required to get the best price.

xylophone

Your mother (who was sole proprietor of the house) died intestate (presumably in England or Wales).

Presumably she was unmarried at the time of death. She was survived by two children.

In these circumstances the law is quite clear - the estate is shared equally between the children.

As offspring of the deceased, you took on the responsibility of applying for Letters of Administration.

 Having obtained LoA you paid off the small mortgage remaining (either from your own funds or from funds in the estate).

You did not reregister the property in the names  of the beneficiaries of the estate - therefore it still stands in your late mother's name.

What did you do about the house insurance after your mother died?

At some point you agreed that your sister could buy the property from the estate.

She appears to have made certain payments in this regard.

These payments (together with any payments you made personally (not as Administrator with estate funds) will need to be taken into account when the property is sold.

Jinnydr21

xylophone said:

Your mother (who was sole proprietor of the house) died intestate (presumably in England or Wales).

Presumably she was unmarried at the time of death. She was survived by two children.

In these circumstances the law is quite clear - the estate is shared equally between the children.

As offspring of the deceased, you took on the responsibility of applying for Letters of Administration.

 Having obtained LoA you paid off the small mortgage remaining (either from your own funds or from funds in the estate).

You did not reregister the property in the names  of the beneficiaries of the estate - therefore it still stands in your late mother's name.

What did you do about the house insurance after your mother died?

At some point you agreed that your sister could buy the property from the estate.

She appears to have made certain payments in this regard.

These payments (together with any payments you may personally (not as Administrator with estate funds) will need to be taken into account when the property is sold.

I had the conversation about the insurance with my sister at the time my mother died because obviously I knew for at least the initial period she would be staying there. To my knowledge this is still being paid with electricity, council tax etc. We don’t speak anymore. She seems to have the same resentment towards me as I have to her. 

If this is considered when the estate is sold then I wouldn’t have a problem contributing to this retrospectively as I understand it half my responsibility. It is the acknowledgment that it is half mine is what I have been battling with her and my family on.

xylophone

It is the acknowledgment that it is half mine is what I have been battling with her and my family on.

Legally there can be no doubt? Your mother died unmarried and intestate in England/Wales. 

Two children survived her.

https://www.gov.uk/inherits-someone-dies-without-will

Jinnydr21

Hi all Going back to this post about my sibling living in inherited property as I would like some thoughts on latest update. When I spoke to solicitor it isn’t necessary for them to be involved for me to sell property as I have the grant of probate and my mother’s house is still classed as the estate. However, I instructed solicitor to issue some communication to my sibling regarding the situation and that the house needs to be sold and divided. Basically if wanted someone impartial to explain to her and my father that she cannot continue to live there rent free with it still in my mother’s name. And she might vacate. This has gone on a long time so I am not the most patient on this particular issue. But it seems to be taking ages for what I was initially advised was pretty much an hour’s work. It was 5 weeks ago when they supposedly began working on it and I haven’t even received an initial draft. I am not used to dealing with solicitors so I have no idea what a reasonable timescale is. I emailed them last week and from some of the questions I was asked it makes me wonder if they could have started it. It just seems like it kind of defeats the object if a letter explaining to someone why they cannot live rent free for months on end is in itself taking a long time to get to the person. Ideally I wanted this to happen before going to the estate agents, I wanted them to explain that, not me. Part of me is thinking to just write it off and just go to the estate agents.

gettingtheresometime

Jinnydr21 said:

Hi all Going back to this post about my sibling living in inherited property as I would like some thoughts on latest update. When I spoke to solicitor it isn’t necessary for them to be involved for me to sell property as I have the grant of probate and my mother’s house is still classed as the estate. However, I instructed solicitor to issue some communication to my sibling regarding the situation and that the house needs to be sold and divided. Basically if wanted someone impartial to explain to her and my father that she cannot continue to live there rent free with it still in my mother’s name. And she might vacate. This has gone on a long time so I am not the most patient on this particular issue. But it seems to be taking ages for what I was initially advised was pretty much an hour’s work. It was 5 weeks ago when they supposedly began working on it and I haven’t even received an initial draft. I am not used to dealing with solicitors so I have no idea what a reasonable timescale is. I emailed them last week and from some of the questions I was asked it makes me wonder if they could have started it. It just seems like it kind of defeats the object if a letter explaining to someone why they cannot live rent free for months on end is in itself taking a long time to get to the person. Ideally I wanted this to happen before going to the estate agents, I wanted them to explain that, not me. Part of me is thinking to just write it off and just go to the estate agents.

I don't know if they are working from home but I'm finding that dealing with other organisations,  on a professional basis, where the staff are working from home is a nightmare to get any sort of information atm.....and will be very relieved when all the staff are back in the office.

Personally I would be chasing this up with the solicitors - you don't have to go in all guns blazing just a polite enquiry as to when you can expect the draft - was the instruction about sending you a draft clear or could it be that they have sent the letter to your sister and you're just not aware of it?

Jinnydr21

gettingtheresometime said:

Jinnydr21 said:

Hi all Going back to this post about my sibling living in inherited property as I would like some thoughts on latest update. When I spoke to solicitor it isn’t necessary for them to be involved for me to sell property as I have the grant of probate and my mother’s house is still classed as the estate. However, I instructed solicitor to issue some communication to my sibling regarding the situation and that the house needs to be sold and divided. Basically if wanted someone impartial to explain to her and my father that she cannot continue to live there rent free with it still in my mother’s name. And she might vacate. This has gone on a long time so I am not the most patient on this particular issue. But it seems to be taking ages for what I was initially advised was pretty much an hour’s work. It was 5 weeks ago when they supposedly began working on it and I haven’t even received an initial draft. I am not used to dealing with solicitors so I have no idea what a reasonable timescale is. I emailed them last week and from some of the questions I was asked it makes me wonder if they could have started it. It just seems like it kind of defeats the object if a letter explaining to someone why they cannot live rent free for months on end is in itself taking a long time to get to the person. Ideally I wanted this to happen before going to the estate agents, I wanted them to explain that, not me. Part of me is thinking to just write it off and just go to the estate agents.

I don't know if they are working from home but I'm finding that dealing with other organisations,  on a professional basis, where the staff are working from home is a nightmare to get any sort of information atm.....and will be very relieved when all the staff are back in the office.

Personally I would be chasing this up with the solicitors - you don't have to go in all guns blazing just a polite enquiry as to when you can expect the draft - was the instruction about sending you a draft clear or could it be that they have sent the letter to your sister and you're just not aware of it?

Thanks for your reply. Yes it was crystal clear they would send a draft first. They told me this verbally and it is also in the client care letter. 

As I say, I emailed last week and they made it sound like 'no problem we'll get a draft over to you" but no timescale and its looking like it wont be this week. I wouldn't normally be impatient as I appreciate that they are probably very busy just the situation could do without other delays adding to it 

gettingtheresometime

Jinnydr21 said:

gettingtheresometime said:

Jinnydr21 said:

Hi all Going back to this post about my sibling living in inherited property as I would like some thoughts on latest update. When I spoke to solicitor it isn’t necessary for them to be involved for me to sell property as I have the grant of probate and my mother’s house is still classed as the estate. However, I instructed solicitor to issue some communication to my sibling regarding the situation and that the house needs to be sold and divided. Basically if wanted someone impartial to explain to her and my father that she cannot continue to live there rent free with it still in my mother’s name. And she might vacate. This has gone on a long time so I am not the most patient on this particular issue. But it seems to be taking ages for what I was initially advised was pretty much an hour’s work. It was 5 weeks ago when they supposedly began working on it and I haven’t even received an initial draft. I am not used to dealing with solicitors so I have no idea what a reasonable timescale is. I emailed them last week and from some of the questions I was asked it makes me wonder if they could have started it. It just seems like it kind of defeats the object if a letter explaining to someone why they cannot live rent free for months on end is in itself taking a long time to get to the person. Ideally I wanted this to happen before going to the estate agents, I wanted them to explain that, not me. Part of me is thinking to just write it off and just go to the estate agents.

I don't know if they are working from home but I'm finding that dealing with other organisations,  on a professional basis, where the staff are working from home is a nightmare to get any sort of information atm.....and will be very relieved when all the staff are back in the office.

Personally I would be chasing this up with the solicitors - you don't have to go in all guns blazing just a polite enquiry as to when you can expect the draft - was the instruction about sending you a draft clear or could it be that they have sent the letter to your sister and you're just not aware of it?

Thanks for your reply. Yes it was crystal clear they would send a draft first. They told me this verbally and it is also in the client care letter. 

As I say, I emailed last week and they made it sound like 'no problem we'll get a draft over to you" but no timescale and its looking like it wont be this week. I wouldn't normally be impatient as I appreciate that they are probably very busy just the situation could do without other delays adding to it 

Then I'd ring and politely chase it up.

You can get more shirty next time if they fail to send it to you

Jinnydr21

gettingtheresometime said:

Jinnydr21 said:

gettingtheresometime said:

Jinnydr21 said:

Hi all Going back to this post about my sibling living in inherited property as I would like some thoughts on latest update. When I spoke to solicitor it isn’t necessary for them to be involved for me to sell property as I have the grant of probate and my mother’s house is still classed as the estate. However, I instructed solicitor to issue some communication to my sibling regarding the situation and that the house needs to be sold and divided. Basically if wanted someone impartial to explain to her and my father that she cannot continue to live there rent free with it still in my mother’s name. And she might vacate. This has gone on a long time so I am not the most patient on this particular issue. But it seems to be taking ages for what I was initially advised was pretty much an hour’s work. It was 5 weeks ago when they supposedly began working on it and I haven’t even received an initial draft. I am not used to dealing with solicitors so I have no idea what a reasonable timescale is. I emailed them last week and from some of the questions I was asked it makes me wonder if they could have started it. It just seems like it kind of defeats the object if a letter explaining to someone why they cannot live rent free for months on end is in itself taking a long time to get to the person. Ideally I wanted this to happen before going to the estate agents, I wanted them to explain that, not me. Part of me is thinking to just write it off and just go to the estate agents.

I don't know if they are working from home but I'm finding that dealing with other organisations,  on a professional basis, where the staff are working from home is a nightmare to get any sort of information atm.....and will be very relieved when all the staff are back in the office.

Personally I would be chasing this up with the solicitors - you don't have to go in all guns blazing just a polite enquiry as to when you can expect the draft - was the instruction about sending you a draft clear or could it be that they have sent the letter to your sister and you're just not aware of it?

Thanks for your reply. Yes it was crystal clear they would send a draft first. They told me this verbally and it is also in the client care letter. 

As I say, I emailed last week and they made it sound like 'no problem we'll get a draft over to you" but no timescale and its looking like it wont be this week. I wouldn't normally be impatient as I appreciate that they are probably very busy just the situation could do without other delays adding to it 

Then I'd ring and politely chase it up.

You can get more shirty next time if they fail to send it to you

Yes you’re right, thank you 🙏🏻 

Jinnydr21

Hi all

Follow up to my original post, I know it must be a few pages back now but I feel like I'm losing my mind and I need to know whether I'm being unreasonable.

Solicitor has contacted sister basically outlining that I would like the house to be sold to release my inheritance and that the payments she has made to buy me out could be considered as some rent towards to the time she has spent there (This amount per month is nominal, literally like couple hundred a month) and then we would sell on open market and both release our share. This to be seems perfectly reasonable.

My father has offered to give me the remaining amount to what we had agreed to years ago. However, my sister has spent so long faffing around that now house prices have risen a great deal it is now worth more so if I accepted that I would be taking less than 50% share (basically maximum 35%) not to mention I would be writing off the years of her living there rent free. I would already be on the backfoot while she has a house that is paid off.

I have maintained that I would like to go with solicitors suggestion and all hell has literally broken loose. My father has contacted me and basically told me that I am just looking for more money. I am forcing my sister out on the street and her children and that I need to accept that that is her home. (Even though we had an agreement she would buy out my share and it has now been a year since she paid anything) I should be grateful for any amount as I "got it for nothing".

Am I being unreasonable?