Greedy sister

sheramber

elsien said:

kazwookie said:

Sorry for your loss.

You need FACTS, not what you were told.

Find out the facts from Land Reg over who owns the house and how. (not what you have been told)

Get a copy of your mother's WILL.

Once you have this information, others on this site will be able to advise you.

She can't get a copy unless the sister is willing to share it until and unless it goes through probate. However the OP is in a strong bargaining position to see the will if part of the house is indeed in her name and the sister wants to change that. 

If the house is registered to the two sisters it cannot be included in the mother's will, as she was not an owner.

Olinda99

also unless I am wrong you cannot register proportions at the land registry

If it is in both their names it will be deemed to be 50/50 unless there is a declaration of trust or similar specifying different shares

Olinda99

if you are on the deeds at the land registry then you are in a very strong position to ask your sister to see your mother's will because you can't do much with the house eg sell.it without your agreement

as above - your first step is to get a copy of the deeds from the land registry and see if your name is on it. this will cost you £3

also if you are on the deeds and want to gift it to your sister then just beware of consequences if you are either on or thinking of applying for means tested benefits.

elsien

sheramber said:

elsien said:

kazwookie said:

Sorry for your loss.

You need FACTS, not what you were told.

Find out the facts from Land Reg over who owns the house and how. (not what you have been told)

Get a copy of your mother's WILL.

Once you have this information, others on this site will be able to advise you.

She can't get a copy unless the sister is willing to share it until and unless it goes through probate. However the OP is in a strong bargaining position to see the will if part of the house is indeed in her name and the sister wants to change that. 

If the house is registered to the two sisters it cannot be included in the mother's will, as she was not an owner.

That was my point.

But if the sister wants the OP to give her her share of the house for the 5K and the OP is amenable for reasons known only to herself, then the OP would be saying "I don't have to to this, but if you want me to, I need to see the will to confirm what mum's wishes were" even though the will has no legal standing in that context. 

bobster2

Olinda99 said:

also unless I am wrong you cannot register proportions at the land registry

If it is in both their names it will be deemed to be 50/50 unless there is a declaration of trust or similar specifying different shares

Ah - and if that document doesn't exist or cannot be found - then as tenants in common the assumption would be 50/50???

Spendless

Jeez. You definitely need to have the details of how the property was held and if you are part owner (as someone else has said regardless of what anyone has told you). Only when you are dealing with the facts would I be moving forward with what I wish to do. Until then I wouldn't be saying to sister what you will/won't do.

Sometimes we read on here of people on here who are pulling a fast one, other times it's because they don't seem to have a clue what they're doing. Your case could be either. Establish the situation and update. People will be able to help up. Good luck.

prettyandfluffy

It's your choice but if the Land Registry documents confirm your belief that you own 30% of the house I think accepting £5K for your share would be extraordinarily generous of you.  Unless of course the house is worth less than £17K  in which case it's right.  This could give you a very big bargaining tool with your sister.

Olinda99

bobster2 said:

Olinda99 said:

also unless I am wrong you cannot register proportions at the land registry

If it is in both their names it will be deemed to be 50/50 unless there is a declaration of trust or similar specifying different shares

Ah - and if that document doesn't exist or cannot be found - then as tenants in common the assumption would be 50/50???

yes that is true there is nothing the land registry that shows proportion so if you are tenants in common then it is 50/ 50

Keep_pedalling

If you were made a joint owner of the property that cannot be undone without you agreeing to it.  As others have said check the land registry before you do anything else. 

Marcon

sheramber said:

elsien said:

kazwookie said:

Sorry for your loss.

You need FACTS, not what you were told.

Find out the facts from Land Reg over who owns the house and how. (not what you have been told)

Get a copy of your mother's WILL.

Once you have this information, others on this site will be able to advise you.

She can't get a copy unless the sister is willing to share it until and unless it goes through probate. However the OP is in a strong bargaining position to see the will if part of the house is indeed in her name and the sister wants to change that. 

If the house is registered to the two sisters it cannot be included in the mother's will, as she was not an owner.

But if the mother was living there without paying market value rent, it could be a gift with reservation and all that flows from that.

There's a load of speculation on this thread because virtually all the essential facts are absent. OP, get some professional advice - and before you dismiss your sister as 'greedy' remember that you are both grieving a very recent death. Grief and money make poor bedfellows...