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

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  • System
    System Posts: 178,093 Community Admin
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    Have you got a printer, Ann? If you have, it would be a good idea to print out a copy of this entire thread and show it to your GP or the CMHT.
    Yes I have printed this thread and shown it to an adviser at the CAB, Citizens Advice Beau I went to this morning.
    And the adviser said the same as what my solicitor said.

    That what some of the posters have said here about the judge ruling that my sister can live in the house and that it cannot be sold until she dies is nonsense and not true.

    The Adviser at the CAB also told me the same thing as my solicitor, that my sister can stay in the house if she buys her way out,that is gives me my share of my thirds of the money from the house.
    Otherwise she will have to put it up for sale.

    The CAB adviser also told me the same as the solicitor that I cannot sell the house myself because I am not an executor of the will. But that my sisters who are executors do have responsibility to make sure that any assets including the estate are dealt with as is in the terms of my mothers will.

    And that if they I can as an benefactor take them to court but that would only be if my sisters failed to do their duty or ignored their obligations as executors. That is the months went by and my sisters refused to sell the house or give me any money that my mother has left to me in her will. Or of they are keeping my share of the money for themselves. Or did not deal with the estate properly.

    The CAB said I am doing the right thing in going to a solicitor as the CAB is limited to what they can do. And can only advise. So I do need a Solicitor to deal with this. But that it is not funded by Legal Aid so I will have to pay for any solicitor I do see and any work he does it myself.
    As Legal Aid does not cover Wills and Probate.

    But I knew that anyway since I was told that by both the CAB advice line and the Probate Advice line before I went to my solicitor.
    The woman adviser at the CAB also told me that the posts on this thread are not legal advise as the posters on here are not lawyers.
    Annbarbs

    I think you have assumed that people are saying that your sisters are in the right and you are in the wrong.


    That is not the case at all. Yes you are entitled to what you have been left but and this is a big but, the sale of the house will take time even if it was put onto the market at the earliest opportunity.

    The way I see your situation is that the only person gaining anything at the moment is your solicitor. I would mind betting that he's laughing all the way to the bank writing letters here there and everywhere for no real reason as well as having meetings with you.



    As I said I cannot talk to my
    sisters myself because I don't get on with them and my sisters don't want any contact with me. And won't even open the door to me if I go round to see them.

    So I have not choice but to go through a solicitor since my sisters are executors of the will not me. And I cannot talk to them myself.

    Also I cannot talk to my sisters solicitors either as they won't have any conversions with me.
    And both my solicitor and the CAB says that my sisters solicitors don't have any obligation to speak to me.
    Since they are solicitors that my sisters have employed and so are my sisters solicitors not mine.

    That's why I have had to go and get a solicitor for myself which I have done.
    Because I cannot talk to my sisters myself. And my sisters won't talk to me.
  • silvercar
    silvercar Posts: 46,960 Ambassador
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    Your problem is that every time your solicitor takes some action it costs you money. So every time you have a phone call with your solicitor and every letter they send on your behalf adds to the bill you will eventually get from your solicitor.

    Of course it is in the solicitor's interest to do as much work as is reasonable for you, but they know that they will gain money from everything they do.

    Lots of people are telling you that it will take time to sell the house and that you have to be patient.

    Waiting a few months would be in your long term interest and would stop your inheritance being reduced by the potential large size of your solicitor's bill.
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  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    annbarbs wrote: »
    So I have not choice but to go through a solicitor since my sisters are executors of the will not me. And I cannot talk to them myself.
    silvercar wrote: »
    Your problem is that every time your solicitor takes some action it costs you money. So every time you have a phone call with your solicitor and every letter they send on your behalf adds to the bill you will eventually get from your solicitor.

    annbarbs - you don't need to do anything through the solicitor for at least six or even nine months - as silvercar says, every contact will cost you money.

    If you haven't heard anything from the executors' solicitor by then, it might be worth the cost of a letter asking for an update but be wary of your solicitor's bills eating into your inheritance.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    edited 23 February 2016 at 1:45PM
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    1. OP comes on and tells us what the solicitor cab etc are saying.
    2. Various posters interpret that information based on their own skills and experiences to give a realistic view on the time line.


    3. OP goes back to solicitor, cab ...(Possibly incuring more solicitor fees)
    they say the same thing again

    repeat.
  • Caroline_a
    Caroline_a Posts: 4,071 Forumite
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    OP - has your solicitor given you any indication of his costs? My dad's estate which was very straightforward and no house to sell (as I live in it) took 4 years to finalise, and there was no argument about the contents of his will, etc. The legal cost for that was just over £13000!!! I did appeal and he knocked a thousand or so off it, but if you are not careful you will end up with very little money out of your legacy. Also remember that any solicitors fees for administering the estate will be taken out of the estate total - further reducing any money you get!

    I think that you are being very optimistic thinking that you will get the house sold before November. Just leave it for now, go about life as normal and revisit in 6 months or so.
  • Yorkshireman99
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    You have answered your own question. Unless you take the executors to court there will be endless delay. Assuming, as you have said, that the executor have behaved wrongly then they are going to havce to pay all the court costs. I can see no point in delaying matters any further.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    annbarbs wrote: »
    My mother died 2 months ago in November 2015
    Unless you take the executors to court there will be endless delay. Assuming, as you have said, that the executor have behaved wrongly then they are going to havce to pay all the court costs. I can see no point in delaying matters any further.

    The executors haven't behaved wrongly yet.
  • Yorkshireman99
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    Mojisola wrote: »
    The executors haven't behaved wrongly yet.
    Rubbish! If, as seems likely they have not dealt with the estate in a timely manner, that is the same thing.
  • rpc
    rpc Posts: 2,353 Forumite
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    Rubbish! If, as seems likely they have not dealt with the estate in a timely manner, that is the same thing.

    Probate is only two months old, so expecting it to have been distributed by now is unreasonable.

    The executors have indicated that they don't intend to do their job but, if you went to court, they would quite easily get by claiming that it is early days and they are still in the process of executing the will.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Rubbish! If, as seems likely they have not dealt with the estate in a timely manner, that is the same thing.

    This argument wouldn't hold water until at least a year had gone by from the time probate was granted.
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