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

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  • peachyprice
    peachyprice Posts: 22,346 Forumite
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    Gigervamp wrote: »
    That's harsh.

    The mother died in November, that's 3 months ago.

    My brother was living with our dad when Dad died. He put the house on the market shortly after Dad's funeral and the estate was all finalised 5 months later.

    OP started hassling her sister to move out 5/6 weeks after the death.

    Did your brother willingly put your father's house on the market shortly after the death or did you hound him into doing it?
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Gigervamp
    Gigervamp Posts: 6,583 Forumite
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    I didn't need to hassle him.There was never any question of selling the house. Brother couldn't buy me out so he put it on the market. Which is what the sisters should be doing.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
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    Gigervamp wrote: »
    I didn't need to hassle him.There was never any question of selling the house. Brother couldn't buy me out so he put it on the market. Which is what the sisters should be doing.

    OP didn't give them a chance before going to the solicitor and issuing threats. If I were the sisters I'd be taking my own sweet time after the way OP has behaved.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • jouef
    jouef Posts: 117 Forumite
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    OP didn't give them a chance before going to the solicitor and issuing threats. If I were the sisters I'd be taking my own sweet time after the way OP has behaved.
    ["Because after I told my sisters solicitor that I do not want my sister to live in the house and that it must be sold and also confirmed this in writing to them. But my sisters phoned me and tried to talk me into changing my mind but I said NO"]
    The executors needed to know if the OP would give permission for one sister to stay in the house, as if not they would have to sell it to administer the estate. The OP gave them her decision. Executors are not entitled to a chance to fail to administer the estate. Given that the executors appeared less than wholly willing to abide by the decision and apparently refused further contact, getting a solicitor to tell them to get on with it sounds a reasonable course of action, not a threat. The issue was the executors respecting the decision, not the speed at which they were acting.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    Gigervamp wrote: »
    I didn't need to hassle him.There was never any question of selling the house. Brother couldn't buy me out so he put it on the market. Which is what the sisters should be doing.
    I have to say that whilst the OP may have been a little quick of the mark initially it appears that three months after the death that the executors have shown no signs of facing up to their responsibilities and the house is being occupied without any rent being paid to the estate. The executors are not acting in the best interests of the estate That is simply wrong. Given that relations between the executors and the OP have broken down she has little option but to press them for action. The executor's year is does not mean that executors don't have to act in a timely manner. They have no right to to spin it out to a year if there is no need to. Executors have a legal duty to act in the best interests of the estate and not their own. It seems that the executors are not fulfilling their statutory duty by allowing one of them to occupy the property without paying the market rent. I wonder if they have made sure that the property is insured?
  • Tiredandemotional
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    I think some people posting here are underestimating how long it takes to go through and clear a family home. Yes, it can be done quickly if you are dumping everything in a skip and aren't worried about what is going out.
    In my case, there were items of sentimental value that took some time to go through and somewhere found to keep them. There were old childhood memories, photographs, etc. which had to be divided and relocated.
    There was a considerable amount of other contents - clothing, bed linen, ornaments, etc. that had to be gone through and donated in accordance with my mothers wishes (she would have hated to see anything useful going to waste).
    Add in a few visits to the dump for some things that we couldn't keep or donate plus general cleaning tidying, etc. and suddenly you're a few months in - particularly when you're trying to get on with normal life and also when the Christmas period is in between.
    I don't think the OPs sisters have been at all slow or disrespectful in deal with the house. Better to take the time now to do it properly instead of a mad panic when the sale goes through on the house and risk disposing of something of value (either sentimental, financial or practical).
    The OP needs to recognise that this was her mothers and sisters HOME. While she may not have an emotional attachment to the home and its contents, she needs to recognise that her sisters do and give them the time to do things properly.
  • jouef
    jouef Posts: 117 Forumite
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    The OP needs to recognise that this was her mothers and sisters HOME. While she may not have an emotional attachment to the home and its contents, she needs to recognise that her sisters do and give them the time to do things properly.
    The OP was not asking about how long it might take to sell the house. She thought the executors did not want to sell it, and asked the forum how she could make sure they did sell it.

    OP: "I want to sell the house but the problem is that my sisters don't want to sell it because the other sister who used to be my late mum's carer does not want to move out".
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    jouef wrote: »
    The OP was not asking about how long it might take to sell the house. She thought the executors did not want to sell it, and asked the forum how she could make sure they did sell it.

    OP: "I want to sell the house but the problem is that my sisters don't want to sell it because the other sister who used to be my late mum's carer does not want to move out".

    BUT later it was dragged out of the OP that the sisters would prefer not to sell but will if OP does not change her mind.

    The time scales so far are not unreasonable,

    executors only have to do things in a timely manor not drop the rest of their lives to deal with an estate.

    One is likely busy looking for a job and somewhere to live so may not have a lot of time to dedicate to dealing with the estate.
  • Caroline_a
    Caroline_a Posts: 4,071 Forumite
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    Sadly the OP hasn't been back as I don't think that the general consensus told her what she wanted to hear. Hopefully this will be resolved without too much hassle or expense.
  • nom_de_plume
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    Caroline_a wrote: »
    Sadly the OP hasn't been back as I don't think that the general consensus told her what she wanted to hear. Hopefully this will be resolved without too much hassle or expense.

    The OP has been back repeatedly...
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