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Visitation Rights to Family Home - Sibling Residing. And deeds!

24

Comments

  • Pennylane
    Pennylane Posts: 2,721 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The oldest sister, as Executor is doing her job.  the role of Executor is a very responsible one and she has to follow what the Will says.

    If I was in your position I would speak to her again and get her to arrange for you all to go to your Mum’s house and have a further meeting.  Did your Mum leave specific items to any of you because your Executor sister should be arranging for these to be sorted out.  
  • Pennylane said:
    The oldest sister, as Executor is doing her job.  the role of Executor is a very responsible one and she has to follow what the Will says.

    If I was in your position I would speak to her again and get her to arrange for you all to go to your Mum’s house and have a further meeting.  Did your Mum leave specific items to any of you because your Executor sister should be arranging for these to be sorted out.  

    Thank you for your reply.

    The eldest has requested a family meeting before the end of this year, but the youngest refuses to speak to the eldest.

    The youngest sees the family home as her safe haven, so has previously stated no one can visit.

    I'm sure I left some stuff at mum's when I moved out, but the youngest states nothing is there, its been so long so it could be true.  This does indicate that some clearing out has begun, which worries me as there may my some items disposed of that have sentimental value to me (I'm thinking a specific Jubilee cup).

    When we all met in June, it was agreed we do the clearing together.

    No specific items were stated from the house.  Specific jewellery has already been gifted by the Executor.
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Why is the eldest sister not willing to keep the verbal agreement she made with her mother and her siblings?

    If she won't keep her verbal agreements I don't think she should be surprised when others don't either.

    While she is obligated to follow the Will that does not prevent her keeping her word.

    Also if she is following the Will to the letter then what does the Will say should happen to your late mother's personal possessions? 
  • naedanger said:
    Why is the eldest sister not willing to keep the verbal agreement she made with her mother and her siblings?

    If she won't keep her verbal agreements I don't think she should be surprised when others don't either.

    While she is obligated to follow the Will that does not prevent her keeping her word.

    Also if she is following the Will to the letter then what does the Will say should happen to your late mother's personal possessions? 
    All I can think of, is that three of us flew the family home, got full-time jobs and had kids, while the youngest just stayed at home and got a part-time job after uni.  A life lesson maybe.

    The eldest will not change her mind, even if its three against one.  My sisters are all very stubborn.

    Any named items in the Will have already been gifted to each of us.  I think in case they disappeared.

    It is all one giant mess.
  • TonyMMM
    TonyMMM Posts: 3,426 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Then the executor may need to take some legal advice ....to execute the will, if no agreement can be reached, then she will end up having to evict your youngest sister. That could get expensive.

    The executor could probably also request rent from her (on 3/4 of the property), but she needs to be very careful about granting a tenancy and the estate becoming a landlord.

    Time to force a get together and come to an agreement - anything else is going to be worse.




  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    RAS said:
    Start by checking that the property is not registered: Search for land and property information - GOV.UK (www.gov.uk)

    Costs £3; don't get fleeced by the fakenames who charge 10 times as much.

    Then come back here.
    I now have the Title Register (Deeds??).  It confirms my parents as owners, my father is listed but passed over 20 years ago.

    Is there anything specific I should be looking for (this is new to me).
    Good, because you can all stop "asking for the deeds." Even if your parents still had the old documents they are only of sentimental value.

    But if the property was not registered, the executor would struggle to sell it.

    Check for are any charges against the property. People occasionally find old charges for debt, equity release about which no-one knew anything, and even situation where the old mortgage provider hasn't lifted their charge although it's paid.
    If you've have not made a mistake, you've made nothing
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    naedanger said:
    Why is the eldest sister not willing to keep the verbal agreement she made with her mother and her siblings?

    If she won't keep her verbal agreements I don't think she should be surprised when others don't either.

    While she is obligated to follow the Will that does not prevent her keeping her word.

    Also if she is following the Will to the letter then what does the Will say should happen to your late mother's personal possessions? 
    All I can think of, is that three of us flew the family home, got full-time jobs and had kids, while the youngest just stayed at home and got a part-time job after uni.  A life lesson maybe.

    The eldest will not change her mind, even if its three against one.  My sisters are all very stubborn.

    Any named items in the Will have already been gifted to each of us.  I think in case they disappeared.

    It is all one giant mess.
    Yes, it does seem a mess. But unless you can persuade your eldest sister to keep her word then I think it likely you may end up with a permanent family rift and lots of unpleasantness on all sides (that possibly might be costly). 
  • RAS said:
    RAS said:
    Start by checking that the property is not registered: Search for land and property information - GOV.UK (www.gov.uk)

    Costs £3; don't get fleeced by the fakenames who charge 10 times as much.

    Then come back here.
    I now have the Title Register (Deeds??).  It confirms my parents as owners, my father is listed but passed over 20 years ago.

    Is there anything specific I should be looking for (this is new to me).
    Good, because you can all stop "asking for the deeds." Even if your parents still had the old documents they are only of sentimental value.

    But if the property was not registered, the executor would struggle to sell it.

    Check for are any charges against the property. People occasionally find old charges for debt, equity release about which no-one knew anything, and even situation where the old mortgage provider hasn't lifted their charge although it's paid.
    Excellent, thank you.

    Which section shows if the property was registered?  Section A list the property as freehold filed at the Registry.  And Section B has both parents listed in the Proprietorship section.

    The Mortgage was fully paid, nothing outstanding, and no other charges against the property.
  • naedanger said:
    naedanger said:
    Why is the eldest sister not willing to keep the verbal agreement she made with her mother and her siblings?

    If she won't keep her verbal agreements I don't think she should be surprised when others don't either.

    While she is obligated to follow the Will that does not prevent her keeping her word.

    Also if she is following the Will to the letter then what does the Will say should happen to your late mother's personal possessions? 
    All I can think of, is that three of us flew the family home, got full-time jobs and had kids, while the youngest just stayed at home and got a part-time job after uni.  A life lesson maybe.

    The eldest will not change her mind, even if its three against one.  My sisters are all very stubborn.

    Any named items in the Will have already been gifted to each of us.  I think in case they disappeared.

    It is all one giant mess.
    Yes, it does seem a mess. But unless you can persuade your eldest sister to keep her word then I think it likely you may end up with a permanent family rift and lots of unpleasantness on all sides (that possibly might be costly). 

    The eldest, on multiple occasions, has stated she won't change her mind.

    I think the rift has been building prior to mum's passing, but nothing said as mum was still around.
  • naedanger said:
    Why is the eldest sister not willing to keep the verbal agreement she made with her mother and her siblings?

    If she won't keep her verbal agreements I don't think she should be surprised when others don't either.

    While she is obligated to follow the Will that does not prevent her keeping her word.

    Also if she is following the Will to the letter then what does the Will say should happen to your late mother's personal possessions? 
    All I can think of, is that three of us flew the family home, got full-time jobs and had kids, while the youngest just stayed at home and got a part-time job after uni.  A life lesson maybe.

    The eldest will not change her mind, even if its three against one.  My sisters are all very stubborn.

    Any named items in the Will have already been gifted to each of us.  I think in case they disappeared.

    It is all one giant mess.
    This all sounds wrong and like bullying to me. You all agree that your mums dying wish was for the youngest to have the house why not just give it to her? Assuming you respect your mother's wishes and not blinded by money/greed. 

    If your sister wants to work part time, that's her business. I have 3 brothers and I'm the only who owns a property and earns over £30k a year. Of course, I would love to inherit some significant cash (I'm hardly rolling in it), but understand my situation is different from the others. My mum asked my about inheritance and my suggestion was she give it to the 2 other siblings so they can get on the property ladder and build some generational wealth.

    Your mums dying wish was for the youngest to have the property and you ALL agreed to it. Just follow her damn dying wish and stop being snakes by reneging on it. Should have brought your issues up before she passed. 
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