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Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP! - Page 4

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Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP!

edited 16 February 2016 at 6:17PM in Deaths, Funerals & Probate
259 replies 64.6K views
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Replies

  • RASRAS Forumite
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    Gigervamp wrote: »
    What about inheritance tax? Won't that need to be paid, as the value of the estate is over 400k?

    There could be some IHT allowance left from father's estate.

    Neither we or the OP know what the situation is at the moment.
    The person who has not made a mistake, has made nothing
  • RASRAS Forumite
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    annbarbs wrote: »
    My Solicitor will take care of that.
    I will of course have to pay all legal fees for the sell of the house as will my sisters including inheritance tax.

    And I will have to pay all legal fees for my Solicitor since this is not covered by Legal Aid.
    Legal Aid does not pay for Wills and Probate or Property sales.
    But that will all come out of my money from the house.

    And my sisters will also have to pay any legal fees and inheritance tax out of their money from their share of the house sale.

    Do I get the feeling that you have been to see one of these no win no fee lawyers?
    The person who has not made a mistake, has made nothing
  • SystemSystem
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    I think you might be underestimating how long this will take.

    I have read what you say your solicitor has said and I repeat I don't think you will see anything this year if they dig in.

    You can try to force a sale or remove them as executors but that won't be quick.

    If he sister has lived with the parent all her life and if the parents have been subsidising her existence in other ways I think she may have shot at claiming some dependency even if it is just an interest in possession(till she dies or sells) to stay in the house .
    (if she does that it will solve your benefits problems)

    If she is totally financially independent in other ways that she may not convince the court.





    Did you tell the solicitor she has lived there all your life.

    NO NO NO. My sister has lived with her parents all her life because she wanted to. She has no mental health problems and has never been on any disability benefits. She has always worked and is perfectly able to work.

    She gave up work to look after mum but that was her choice.
    She is perfectly able to go back to work and look for accommodation on her own.

    Yes of course I told my Solicitor that my sister has always lived with her parents. She does not want to leave the house as she regards it as her home.

    But it is a 3 bedroom house and mum is not here anymore.
    So my sister is living on her own anyway in the house.

    So she is well enough and able to find a flat of her own or rent and live on her own elsewhere.
    And get another job if she wants to.
    She gave up her last job to look after mum.
    No other reason.
  • RASRAS Forumite
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    annbarbs wrote: »
    She gave up her last job to look after mum.
    No other reason.

    Precisely.

    So she has had a rough few years and needs a little time.

    I am shortlisting at the moment. Anyone who has been out of the job market for years will not have a chance given the numbers we are dealing with.

    Your sister will have no income at the moment, may be able to get income based JSA. She will struggle to get a full-time job; not least because there are very few now. She will struggle to even get a part-time in the short-term job given her lack of experience.

    It will work out eventually; she only needs to succeed once. Then she needs to build up her skills and hope for a full-time vacancy.

    So she needs a little time to get back into the swing; jobs are no longer hanging their on trees to be picked up.
    The person who has not made a mistake, has made nothing
  • SystemSystem
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    There could be some IHT allowance left from father's estate.

    Do I get the feeling that you have been to see one of these no win no fee lawyers?

    Nope. Wills and Probate is not covered by Legal Aid.
    I have to pay for this myself but the Solicitor said I will pay at the end when I get my money from the house.
    They don't want any money from me now.

    And it was not my father who died 2 months ago in November and left me the house, it was my mother.

    My father died in August 2003 but everything then went to mum not us.
    But mum made her own will in October 2003 leaving her house and assets to me and my sisters.
  • MojisolaMojisola Forumite
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    RAS wrote: »
    There could be some IHT allowance left from father's estate.
    annbarbs wrote: »
    And it was not my father who died 2 months ago in November and left me the house, it was my mother.

    My father died in August 2003 but everything then went to mum not us.

    Because your father left everything to your mother, then her executors can use his inheritance tax allowance in addition to your mothers so her estate would have to be in excess of £650,000 before any inheritance tax was due.
  • edited 18 February 2016 at 2:25AM
    SystemSystem
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    edited 18 February 2016 at 2:25AM
    Mojisola wrote: »
    Because your father left everything to your mother, then her executors can use his inheritance tax allowance in addition to your mothers so her estate would have to be in excess of £650,000 before any inheritance tax was due.

    Yes I know my dad had a will that left everything to my mum. But it also said that in the event of mums death if mum had died before dad, then everything would then go to me and my sisters. But that would only have been if mum died first before dad.

    My mothers house is valued at £364,000 which is a lot less than that.
    The old house that she lived in before she moved to this was worth less than that in 2003 when my dad died.
    So maybe that does not apply to us.

    If it does then the Solicitor will take it off of mine and my sisters house sale money before they give it to us.The same as when you get interest from your bank account savings every year it says how much tax is taken off in your bank book. But the bank does that for you.
  • Savvy_SueSavvy_Sue Forumite
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    I agree that you are coming at this in a rush, and not seeing things clearly, which I appreciate may be difficult if you have mental health problems.

    You said:
    annbarbs wrote: »
    That is if my late mums house is sold, the money from the house sale will be divided between myself and my 2 sisters.

    And my late mother also left us money which is her savings from her bank account which is also to be divided between myself and my sisters as is the terms of mums will.
    So you are entitled to a third of Mum's estate. And Mum's estate has had a value put on it, so you have a rough idea what you are entitled to.

    One thing which hasn't been mentioned is that if one of your sisters is currently living in the house, and is in no hurry to leave, then she could be asked to pay a market rent to be shared between you and your other sister.

    Would having an ongoing source of income be acceptable to you?

    Also are you able to get some additional support for your MH needs? I don't know what your relationship with your mum was like, but you may need to work through some grief, and may need help understanding your sisters' point of view. I don't know what's available, I don't know what would help, but I'm thinking maybe an advocate to help you through the legal issues, maybe grief counselling, maybe both.
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  • MojisolaMojisola Forumite
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    annbarbs wrote: »
    If it does then the Solicitor will take it off of mine and my sisters house sale money before they give it to us.

    That isn't how it works. Inheritance tax is paid on the whole estate by the executors, not by each person on their individual inheritance.

    It doesn't sound as if any tax will have to be paid on your Mum's estate which is just as well as your sisters don't want to sell the house. If tax was due, it would have to be paid out of the cash available which would reduce the lump sum you will get.
  • What will the sister live off now that Mum is no longer here? She will need to find money for food, utilities, council tax etc. In a short time, the sister may decide she needs the money locked up in Mum's estate, that is, the 25K. She won't get that until the house is sold, I presume?
    The sister needs to be realistic about how she will live now.
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