Inheritance dispute

ricciarelloderoma

Hi there, anyone would know the answers or insight to the following three questions?
Receiving family inheritance, with the solicitors now and got as far as getting ready to send probate and my sister does not agree with on the debt that I calculated is due to be repaid to me £ 14,000 which I have given evidence in the form of Paypal legal proof to the solicitors which they have accepted.
Second point my sister is refusing to pay me monthly rent from July 2020 when our mother passed away for the house she is occupying that will be 50% mine as written in my mother's will once probate is done, also solicitors told me they are not going to deal with this part as they deal only in sharing the inheritance between my sister and myself, I tell solicitors rent my sister owes me IS part of the inheritance and they should deal with it just like everything else.
Third point I don't like the way these solicitors are working or acting, I never asked for their services or signed any contract with them as I was living in France when my sister and my mother's partner took the services of these solicitors in the UK without asking for my opinion or informing me, do I have to pay these solicitors fees even if I never signed anything with them and they at present dropped the case until my sister and myself come to an agreement or until I take on another solicitor to defend my case, which I am considering if it is economically worth it, since I am trying to get £ 20,000 which is mine as my sister is trying not to pay me.

Many thanks to anyone who can shed some information, Richard

xylophone

Second point my sister is refusing to pay me monthly rent from July 2020 when our mother passed away for the house she is occupying that will be 50% mine as written in my mother's will once probate is done, 

See
https://www.lawteacher.net/lectures/land-law/co-ownership/joint-tenancy-v-tenancy-in-common/#:~:text=Between the tenants in common,sole occupation of the land

Liability of occupation rent

Between the tenants in common, it is usually the case that no one tenant in common can require the other tenant(s) in common to pay rent, even where one of the tenants in common effectively enjoys sole occupation of the land. 

Are the solicitors the named executors of your mother's will?

pphillips

1. Your sister might need to go to court to challenge the debt owed by the estate.

2. It looks like there was never any agreement for your sister to pay rent, I'd let that one go if I were you.

3. Solicitors were probably appointed as executors for the estate by the will and therefore have a right to charge the estate for their fees and disbursements.

Marcon

ricciarelloderoma said:

Hi there, anyone would know the answers or insight to the following three questions?
Receiving family inheritance, with the solicitors now and got as far as getting ready to send probate and my sister does not agree with on the debt that I calculated is due to be repaid to me £ 14,000 which I have given evidence in the form of Paypal legal proof to the solicitors which they have accepted.
Second point my sister is refusing to pay me monthly rent from July 2020 when our mother passed away for the house she is occupying that will be 50% mine as written in my mother's will once probate is done, also solicitors told me they are not going to deal with this part as they deal only in sharing the inheritance between my sister and myself, I tell solicitors rent my sister owes me IS part of the inheritance and they should deal with it just like everything else.
Third point I don't like the way these solicitors are working or acting, I never asked for their services or signed any contract with them as I was living in France when my sister and my mother's partner took the services of these solicitors in the UK without asking for my opinion or informing me, do I have to pay these solicitors fees even if I never signed anything with them and they at present dropped the case until my sister and myself come to an agreement or until I take on another solicitor to defend my case, which I am considering if it is economically worth it, since I am trying to get £ 20,000 which is mine as my sister is trying not to pay me.

Many thanks to anyone who can shed some information, Richard

Who are the executors of the will? Not at all clear from your post. 

TBagpuss

Who is/are the executors?

IF the solicitors are the executors then if they are happy that  you are owed the £14K by the estate then they will pay this to you before they distribute the estate.

If your sister is the executor then she is entitled to ask for additional proof of the debt, and you could take court proceedings to recover it just as you could with any other debt.

Rent - you don't have an automatic entitlement - presumably if your sister wasn't living in the house it would be empty waiting to be cleared and sold, so you aren't out of pocket  - you wouldn't be getting rent if the house were empty. 

LUTONTOWN1

But if the sister was deliberately delaying any sale ,that cant be right ?  So she is there rent free and  doing nothing to aid a smooth or quick sale . She could stay there indefinitely .