Sister has moved into father's house and refusing to agree to sell - Help!

poppystar

So the solicitor is an executor too, if I’m reading that correctly - what does he say? I would have thought that he should have done more than just let you know. What is his advice? Who has taken out the property insurance and is it still valid with them living there? What is happening with council tax and utilities? As a joint executor the solicitor would be jointly liable if things go wrong. 

Yes, taking this further will affect your relationship with your sibling but she has clearly acted wrongly towards you, with no consideration for fairness. I have a friend in a similar situation and rather than evict the sibling has accepted a much lesser life in retirement than he would have had had he been able to access the inheritance. 

I think you need a meeting with sibling and solicitor as a matter or urgency. 

Malthusian

Pennylane said:

The OP only found out from the solicitor that the sister had moved into the house.  I realise they spoke to her afterwards but it seemed weird to me.  

'Tis better to beg forgiveness than to ask permission. (Better for the sister, obviously, not the OP.)
Take Poppystar's friend as an example. If the sibling had asked "can I move into the house and stiff you of your inheritance please" they would have said "no". Instead, they went for the fait accompli option, and won a free house (half a house).

marcusjm

Many thanks for the comments and advice.

I found out through the solicitor as he mentioned he'd been asked to put my father's address as her correspondence address on the grant of probate. I then gave her a call and discussed it. That's when she told me to go legal.

I asked the solicitor for his advice. He claims my father only instructed (and paid) for him to issue probate. He offered to refer the case to a colleague but costs would be incurred. I could do this but was hoping to resolve with her beforehand.

The utilities standing charge and insurance were originally being paid from the small cash balance my father left. The communication with my sister has stalled but I do need to ensure these are still being paid etc.

I will try to reason with her again and perhaps offer to help her move as someone here suggested.

Thanks.

poppystar

So just to clarify - the solicitor is not an executor as your first post seemed to suggest?

RAS

Who is the executor of the estate, listed in the will?

Flugelhorn

poppystar said:

So just to clarify - the solicitor is not an executor as your first post seemed to suggest?

sounds like it would be just to do probate otherwise they would be now responsible for distributing the estate .. and selling the house etc etc 

Keep_pedalling

marcusjm said:

Many thanks for the comments and advice.

I found out through the solicitor as he mentioned he'd been asked to put my father's address as her correspondence address on the grant of probate. I then gave her a call and discussed it. That's when she told me to go legal.

I asked the solicitor for his advice. He claims my father only instructed (and paid) for him to issue probate. He offered to refer the case to a colleague but costs would be incurred. I could do this but was hoping to resolve with her beforehand.

The utilities standing charge and insurance were originally being paid from the small cash balance my father left. The communication with my sister has stalled but I do need to ensure these are still being paid etc.

I will try to reason with her again and perhaps offer to help her move as someone here suggested.

Thanks.

The cost of utilities and council tax are down to the occupant. If you are getting an exemption for council tax then that should have stopped the day your sister moved in.

thegreenone

As above. Perhaps contact all suppliers and tell them your sister has moved in, on a temporary basis, and will be responsible for all bills. This will also include all maintenance, house and garden.  Depending on what sort of property she has moved from, hopefully it will be an eye-opener for her, together with a court order to charge half market rent. 

I'm sorry you've found yourself in this situation.

TonyMMM

As already said you need to check that the house is insured ( as a matter of urgency)