Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP!
Comments
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It seems to me that not only have the executors done nothing but they show no signs of doing anything. The harsh reality is that if you accept an executorship you have to be prepared to deal with this in a reasonably timely manner. Frankly three months is more than adequate to have applied for probate of a simple will and made arrangements to sell the property. It seems quite evident that the executors are dragging their feet and not acting in the best interests of the estate as the law requires them to do. Occupying the property without paying the full market rent is an abuse of trust by the executors.getmore4less wrote: »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.0 -
Yorkshireman99 wrote: »Frankly three months is more than adequate to have applied for probate of a simple will and made arrangements to sell the property.
It seems quite evident that the executors are dragging their feet and not acting in the best interests of the estate as the law requires them to do.
Probate was granted at the end of December.0 -
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To repeat, the issue is not the timescale. The OP stated that one sister refused to leave the house, and (without re-reading the entire thread in detail) I don't think that sister is ever reported to have conceded, although the other sister did accept that she must. The OP's solicitor has been told that the sisters are preparing to instruct estate agents, but the OP is not yet convinced they are being truthful. The OP puts it concisely: "If my sisters are telling the truth and are in the process of putting the house up for sale and they do. Then there is no need for us to take them to court. I just wait until someone buys the house which could take a few months or more but it will be sold."getmore4less wrote: »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.0 -
nom_de_plume wrote: »The OP has been back repeatedly...
Yes but not for a while...0 -
OP I have read your posts and clearly there is a huge level of anxiety on your part and this is driving your actions at the moment.
You state you are not affected by your mums death as you were not close. Are you able to have any empathy with your sisters that they could actually still be very much grieving for their mum and you instructing a solicitor so very early could be quite traumatising for them emotionally?
Perhaps giving them a reasonable amount of time to make rational decisions and to start such an arduous task of selling their mums house and clearing memories etc would have been kinder?
It could be deemed that you left your sister to do all the caring for your mum however have shown no compassion just been very literal about I want my money and fast regardless of anyone else's situation or grief.0 -
Yorkshireman99 wrote: »It seems to me that not only have the executors done nothing but they show no signs of doing anything. The harsh reality is that if you accept an executorship you have to be prepared to deal with this in a reasonably timely manner. Frankly three months is more than adequate to have applied for probate of a simple will and made arrangements to sell the property. It seems quite evident that the executors are dragging their feet and not acting in the best interests of the estate as the law requires them to do. Occupying the property without paying the full market rent is an abuse of trust by the executors.
Yorkshireman99 - have you ever been involved in executing the will of a parent? and have you been carer living in what was your family home ? and facing what is effectively eviction?
I've only had to do the first and that was for a home that my parents retired to - I never lived there. Even so that was was quite painful.
I have a lot of sympathy for the two executor sisters - they have the grieving to do, go through the household contents and all the memories that brings, and the legalities of winding up the estate and deal with a sister is solely driven by the pot of gold (which in reality is quite small and isn't going to do her much good but the time she looses benefits and pays a completely unnecessary solicitors bill)Never pay on an estimated bill0 -
Yorkshireman99 wrote: »Fair enough so they have even less excuse.
Excuse for what?
How many people would recommend marketing a property at the end of December? It'll have gone stale by the time the main property selling season starts in the spring and that's not taking any account of the time needed to clear a house, do any refurbishments and prepare it for sale.
An executor's responsibility is to get the best price possible for the property, not just stick it on the market with no preparation, nor to accept a quick, low offer.0 -
She was here the day before yesterday.
.I believe there is a great deal that we have not been told, and that is fine, but when the OP asks for our help it is difficult to advise without all the facts.
We don't know how long and why the sisters stopped talking. Was it because they needed help with Mum and the OP wasn't willing. She said her Mum phoned her after the sisters stopped speaking or had they stopped speaking a long time before that.
As has been said, they need to grieve, they were obviously close to Mum, the sister who looked after her has a lot to consider. I wonder was that the family home and she has an attachment, or did she move in when Mum became ill. If she moved in then obviously she gave up her home and presumably a job.
I think no matter what we say the OP isn't listening, and to be honest I am wondering if it is for real. If it is I am sorry if I am doubting, and if it isn't I just hope the advice is helping someone else.
My sincere apologies if I have offended anyone
Candlelightx[0 -
Who would be wanting to rush out of their home where they feel safe and secure straight after a bereavement? Not many. For most it would be a traumatic experience having to move/lose your home at the same time as a bereavement.
Personally I think it was insensitive to instruct solicitors so soon and not allow some time for adjustment and acceptance of what ultimately (quite rightly as its the mum wishes and the law) had to happen but I believe the sister living there could have been treated with more time at the very least.0
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