Inheritance house split equal one wants to buy other wants to sell

Keep_pedalling

Albermarle said:

anselld said:

It cant sell until probate is granted anyway.  Surely that is enough time for the buying sibling to get an offer on their current property.

This is a good point.
OP - How is probate progressing?

That is true, but the sister could still put her house on the market now, ands she sells can actually move into the inherited house even if probate has not been granted.

Sea_Shell

Keep_pedalling said:

Albermarle said:

anselld said:

It cant sell until probate is granted anyway.  Surely that is enough time for the buying sibling to get an offer on their current property.

This is a good point.
OP - How is probate progressing?

That is true, but the sister could still put her house on the market now, ands she sells can actually move into the inherited house even if probate has not been granted.

...and potentially run the risk that they decide not to pay for it?

Potential for an even larger can of worms, amongst siblings that don't agree.

workmummy

Thanks everyone my other issue is that she likes control especially over us at times. She cannot advertise the home for sale without our agreement can she?

Sea_Shell

workmummy said:

Thanks everyone my other issue is that she likes control especially over us at times. She cannot advertise the home for sale without our agreement can she?

Who's the executor?  One, or more sibling?

They have the authority to market the property without agreement from non-executors AIUI.

workmummy

Sea_Shell said:

workmummy said:

Thanks everyone my other issue is that she likes control especially over us at times. She cannot advertise the home for sale without our agreement can she?

Who's the executor?  One, or more sibling?

They have the authority to market the property without agreement from non-executors AIUI.

Both siblings 

Keep_pedalling

Sea_Shell said:

Keep_pedalling said:

Albermarle said:

anselld said:

It cant sell until probate is granted anyway.  Surely that is enough time for the buying sibling to get an offer on their current property.

This is a good point.
OP - How is probate progressing?

That is true, but the sister could still put her house on the market now, ands she sells can actually move into the inherited house even if probate has not been granted.

...and potentially run the risk that they decide not to pay for it?

Potential for an even larger can of worms, amongst siblings that don't agree.

Money to the sibling first then move in, simples!

WindfallWendy

workmummy said:

Sea_Shell said:

workmummy said:

Thanks everyone my other issue is that she likes control especially over us at times. She cannot advertise the home for sale without our agreement can she?

Who's the executor?  One, or more sibling?

They have the authority to market the property without agreement from non-executors AIUI.

Both siblings 

If there are joint Executors they will need to all be involved. Estate Agents will want to see the paperwork that confirms who the Executor is/are so they can't get around it. 

If the sibling who wanted to buy just moved in and then "just decided not to pay" they would be in breach of their legal obligation to fully execute the Will. So that seems unlikely to happen to me, if the buying sibling has any sense.

But I do think that moving into the property during the Executive period complicates covering the running costs of the estate and settling the Estate neatly. My Dad's house was empty and bills were minimal. I left WiFi turned on so I could use it when I had to be there, and gas and electric stayed connected (but turned down) to stop the pipes freezing. The house was also exempt from Council tax for 12 month, given the circumstances too. If someone living there changes the bills, and one party is benefiting whilst the other isn't, but 'the estate' is liable for these bills, then it all gets a bit murky. 

Sea_Shell

Keep_pedalling said:

Sea_Shell said:

Keep_pedalling said:

Albermarle said:

anselld said:

It cant sell until probate is granted anyway.  Surely that is enough time for the buying sibling to get an offer on their current property.

This is a good point.
OP - How is probate progressing?

That is true, but the sister could still put her house on the market now, ands she sells can actually move into the inherited house even if probate has not been granted.

...and potentially run the risk that they decide not to pay for it?

Potential for an even larger can of worms, amongst siblings that don't agree.

Money to the sibling first then move in, simples!

Isn't that just a different can of worms😉

You pay for it, but then the other drags their feet around probate, and so you don't actually own it.

As above, moving in "early" complicates matters.

FlorayG

Seems to me that sibling who wants to go to market has another agenda than just money, because it's clearly in their financial interest to sell to their sibling at market price. I would be trying to get their REAL reasons out of them; perhaps they just don't want sibling to have family home? Want to be totally rid of it from memories and so out of the family? Just being 'dog in the manger'? ( I can't afford to buy it so you're not having it either)
Just a thought - is it possible to put it on the open market then the sibling who wants it offers the asking price? Seems a stupid way around it but would break the deadlock

Bigphil1474

I sold my dads house in 2023, it was almost exactly a year after his death before we completed. My sister was interested in buying it for a while but she decided against it. Probably would have saved us a good 4 months of hassle, and a few £k in costs. Don't think there are any financial downsides to doing a private sale with a keen family buyer, assuming they are legit.