Waiting for Probate

northernexposure_2

My parent passed without a will, probate have received the application and now we (my sibling) and I wait. So far its been 4 weeks they've received the application. 

To cut a very long story short my parents neighbour has past history of being vile and has sent threatening letters to my parents (for example if you don't give me x amount for fences im going to sue you). They've called the council many times over my parents wheelie bin ! List goes on and on.

They know my parent died and my sibling and I will inherit the house, they say they have a problem with XXX on my parents house and its affecting their house. They are trying to blame us for their damage .

They've said they have a mate who will fix this problem and are writing letters saying they want hundreds of pounds from us to fix the problem. 

 I'm not giving them money and I no way want their "mates" fixing anything.

There is an issue, its with both houses, I personally think its the way the houses are designed but im no surveyor!

We've assured the neighbour it will be fixed  but because we refuse to let their mate do the work they've now started to ring probate themselves enquiring who is liable to upkeep the house. 

Honestly some people have no empathy, it's something I really don't need right now.

So what I wanted to know is 

Can they actually find out when probate is granted from the probate office ?

I assume my sibling and I aren't officially liable to pay for the maintenance to our parents house until probate is granted.

We don't have any money to pay for this maintenance until probate is granted, my parent didn't have alot of money, I dont think it would be enough to fix the issue. 

My sibling doesn't want to fix the issue and wants to sell the house as it is, they say the person buying the house will have to fix it so it will get fixed. We won't get our money back for fixing it from the sale.If the neighbour is sending communication saying they have a problem will this affect the sale of the house ? I want to fix the problem just to get the neighbour off our back and make the house more attractive to buyers.

Whats the best thing to do? Legally I don't want a fight.

This neighbour in the past (unbeknownst to me) got their mates in to do some gardening for my parent and took a large amount of money off them. I'm livid,  ive found previous notes from them whilst clearing the house and my parent obviously was made to worry enough to pay them. I'm so sad they didn't tell me, 

Its taking alot not to get angry with this neighbour, like really angry. I need to be able to sell this house upon getting probate, during conveyancing etc would this be classed as an official dispute with the neighbour? Im not even sure what conveyancing is to be honest but I remember somewhere neighbour disputes are raised.

Its such a mess at such a sad time. This was my family home since I was born, whats the best thing to do ?

uknick

With regard to finding out about probate status, Probate only talk to the person who applied for probate, they'll never speak to the neighbour.  The neighbour can use the .Gov online checker to see when probate/administration has been granted, but I think you'll know when it has been granted before the documents are available online.  And the neighbour has to pay to see them.

tacpot12

Generally, you don't make back the money that you spend on fixing problems before you sell the house, so your sibling is probably right on a financial level. However, you also don't want the neighbours to interfer with any sale. You will need to report the dispute when you come to sell the property, but you can do so in such a way that it is clear that the dispute is easy to resolve. 

Any sensible buyer will have a survey done, and will knock off the cost of the repair from their offer price, so you aren't likely to lose out financially, and will avoid the problem of finding a contractor to do the work, and the issued of doing work on party walls. It also gives thebuyer confidence that the work has been done to the correct standard if they have selected the contractor and paid them as they get a warranty from the  contractor.  

But you also have to consider whether it is fair to force the neighbours to wait for probate, and for a seller with the capital to undertake the repair. If you think it is 'fair' then you will have to deal with their displeasure, and that might affect any future sale.

The only way to be sure of what the problem is is to have a survey done by a competent surveyor. Such an expert should be able to explain to the neighbours why the problem is a joint problem and not the fault of your parents if it really is a design flaw. But there is a risk that the surveyor proves that it is your parent's property that is at fault, and the neighbour might be able to use the surveyors report to force you to repair the damage sooner than the property can be sold, and even before probate.

The surveyor should also be able to suggest the best long term solution, which is unlikely to be the solution that the neighbour's mates will implement!

Do you have the proeprty insured. If so, check to see if you have legal expenses cover as part of the propery, and if so, call the Leagal helpline and ask whether the neighbours could force repairs to be done before you have probate. You own home insurance (or you siblings) might also cover this. 

Keep_pedalling

I would look to be selling the house as is to get closure on the whole process, do not transfer the house into your own names sell it as part of the estate. Tell the neighbour to take a running jump next time they pester you then block their number and any emails they send you.

Marcon

northernexposure_2 said:

My parent passed without a will, probate have received the application and now we (my sibling) and I wait. So far its been 4 weeks they've received the application. 

To cut a very long story short my parents neighbour has past history of being vile and has sent threatening letters to my parents (for example if you don't give me x amount for fences im going to sue you). They've called the council many times over my parents wheelie bin ! List goes on and on.

They know my parent died and my sibling and I will inherit the house, they say they have a problem with XXX on my parents house and its affecting their house. They are trying to blame us for their damage .

They've said they have a mate who will fix this problem and are writing letters saying they want hundreds of pounds from us to fix the problem. Tough. Until probate is granted you can't start distributing anything from the estate - and there may be existing creditors to deal with, so you can't give these neighbours priority without risking making yourself personally liable if the sale of the house doesn't cover all the other debts on the estate. You certainly don't need to pay out from your own personal funds.

 I'm not giving them money and I no way want their "mates" fixing anything.

There is an issue, its with both houses, I personally think its the way the houses are designed but im no surveyor!

We've assured the neighbour it will be fixed  but because we refuse to let their mate do the work they've now started to ring probate themselves enquiring who is liable to upkeep the house. 

Honestly some people have no empathy, it's something I really don't need right now.

So what I wanted to know is 

Can they actually find out when probate is granted from the probate office ? No. They will have been given short shrift from the probate office.

I assume my sibling and I aren't officially liable to pay for the maintenance to our parents house until probate is granted. Correct.

We don't have any money to pay for this maintenance until probate is granted, my parent didn't have alot of money, I dont think it would be enough to fix the issue. 

My sibling doesn't want to fix the issue and wants to sell the house as it is, they say the person buying the house will have to fix it so it will get fixed. We won't get our money back for fixing it from the sale.If the neighbour is sending communication saying they have a problem will this affect the sale of the house ? I want to fix the problem just to get the neighbour off our back and make the house more attractive to buyers.

Whats the best thing to do? Legally I don't want a fight.

This neighbour in the past (unbeknownst to me) got their mates in to do some gardening for my parent and took a large amount of money off them. I'm livid,  ive found previous notes from them whilst clearing the house and my parent obviously was made to worry enough to pay them. I'm so sad they didn't tell me, 

Its taking alot not to get angry with this neighbour, like really angry. I need to be able to sell this house upon getting probate, during conveyancing etc would this be classed as an official dispute with the neighbour? Im not even sure what conveyancing is to be honest but I remember somewhere neighbour disputes are raised. Conveyancing is simply the legal process required to transfer the ownership of property/land from one party to another. This issue may have to be raised, but probate sales are typically on the basis of limited title guarantee (in English, that means the executors are selling on the basis they have little or no knowledge of the property), so the solicitor doing the conveyancing will be best placed to advise you on what - and what not - to say.

Its such a mess at such a sad time. This was my family home since I was born, whats the best thing to do ?

I don't think there is anything you can do except say firmly that there is no action you can take until probate has been granted; you are in no position to agree to any work being carried out and certainly not by a party you have not approved and authorised; and you do not propose to enter into further correspondence. Before you do that, you would be well advised to talk to the solicitor who will be doing the conveyancing and just check how best to word any such communication to ensure you don't inadvertently store up trouble for yourself further down the line.

elsien

It’s not about what’s in “fair” though is it? If the OP can’t afford the repairs before probate then what may or may not be fair to an obnoxious neighbour is neither here nor there.

However from what the OP has posted, if this problem is solved it’s entirely possible that the neighbour will come up with something else. So solving the one problem isn’t necessarily going to be the end of the hassle. In the circumstances I’d be doing whatever got the property off my hands the quickest.

HobgoblinBT

Anyone can find out when probate has been granted from the Probate Office by a search of the online database.  

gwynlas

Unless the problem is causing a structural issue that will worsen then the neighbours will just have to wait. if it is likely to worsen and cost more to fix then it should be attended to by a competent tradesperson who will testify to same. I presume that your parents felt intimidated by their bully neighbours so paid to shut them up. This does not make it a dispute as matter resolved. The house will be sold by the estate not in your name so you could have a screaming match with the neighbour and it not affect the sale as you do not live there

getmore4less

You have to remember you have no personal liability as you.

As administrator (legally a different entity) you  can be responsible for various activities including securing the property.

If the estate has no assets it can't pay for work to be done.

As you have the application submitted I would be preparing the house for sale get EA on the job so you can go to market very quickly on e the grant is issued.

The 6m council tax clock starts from grant consider marketing sooner.