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

bouncydog1 · 20 February 2016 at 7:58AM

The estate won't be settled until the house is sold. The house may not sell quickly. There may be buyers who cannot complete until they sell their own property. Your solicitor has simply given you an indication of when the estate could be finalised and this is not definite. You need to stop focussing in the anniversary of your mothers death as the date by which it will all be done. As executors your sisters have obligations to investigate whether there might be any other assets - old bank accounts etc. We found some in a relatives estate going back to the late 1950's!

They also have to ensure there are no debts out there. None of this takes 5 minutes. Take a step back and try to forget about things for a few months then maybe get your solicitor to send a letter enquiring as to progress.

If you are continually contacting your solicitor any share of the estate you get will be much reduced by all the legal costs that you will end up paying. £250 plus per hour soon racks up.

fed_up_and_stressed · 20 February 2016 at 8:41AM

annbarbs wrote: »

Well I was never very close to mum anyway. And I had not seen her since 2008. So I am not really effected by mums death.

You need to remember though that your sisters probably are. In fact now one of them having lost her career (having given it up to look after mum) how now lost her mum and within 5 weeks of probate being granted is being hassled to give up her home too !

If I was one of your sisters I wouldn't exactly be breaking my neck to put the house on the market either. In fact I would not be surprised if your continual pestering of them is actually working against you. In fact, if I was faced with their position I would draw it out as long as possible(to the year) jjust to spite a greedy relative rocking up just after probate demanding the estate does this / that NOW just so they can get their claws on money which to be fair - probably won't benefit the demanding relative anyway! As your solicitor has pointed out if you continue to rile them they can keep playing this out in a very long and expensive battle.

As you keep getting advised, on here and by your solicitor - the best thing you can do is learn some patience and hopefully also some empathy for your sisters who have lost the mum they were close to and especially the one you are now threatening to make homeless too !

I think you need to learn some compassion.

nom_de_plume · 20 February 2016 at 9:17AM

annbarbs wrote: »

My CMHT won't take me back my GP has referred me to them twice and they say I am not ill enough to need their services.

I don't agree with them and have argued with them but there is nothing I can do about it.

My daughter has twice been discharged by her CMHT. She can be incredibly aggressive and demanding with some people but not with the CMHT so I have to fight her corner with them.

In my experience, talking with them on the telephone or indeed in person counts for nothing. A well worded letter on the other hand works wonders. As we speak we're waiting for an appointment with the consultant who discharged her again just before Xmas. A paper trail creates irrefutable evidence that forces their hand to act.

Do you have any close friends who can write to them on your behalf, expressing their personal concerns for you?

margaretclare · 20 February 2016 at 11:39AM

'Not really affected (not effected) by Mum's death'. Just want to get my hands on her money!

It's an old and true saying, that where there's a will, there's relations.

This is turning into a very long thread where the same things are being written over and over again. No one on an internet site can help you in any practical way. You've been given some excellent advice by well-informed people, but you're now forcing them to say the same thing over and over.

If your sister put the house up for sale today, it could still take months to be viewed, an offer made, accepted, the whole selling/buying process to be gone through. Next door to where I live, that property changed hands but it took a long time - and this is in an area where housing is in great demand because of the new airport. An offer was accepted, but at the very last minute those buyers had to pull out because of serious illness. It had to go back on the market, and the whole process started again. Anyone who has ever bought or sold a house knows the pitfalls.

*Robin* · 20 February 2016 at 12:54PM

annbarbs wrote: »

My Solicitor has told me that I should expect the estate to be dealt with and receive my money on the anniversary of my mothers death which will be November 2016 not 2017.

Ann, I've sorted out the estates of three deceased family members in the last few years. Only the one involving no property and low value assets was finalised within twelve months, so I really think you'd be wise to consider your solicitor's comment as a "best-case scenario".

Your Mum's house almost certainly needs decorating, and probably some repairs before it can be marketed - that's after all Mum's possessions have been gone through and removed.
The executors are obliged to maximise the value of all the estate's assets, so it's much more likely that you won't be getting a cheque for two or three years (my Fathers' estate took five years to wind up, and that was without any family disputes complicating matters).

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.

dancingfairy · 20 February 2016 at 9:28PM

Understandably it is stressful for you. Unfortunately these things take time ( lots of time). Generally executors should be getting sorted in the first year but they don't have to. Clearly things can be dragged out a lot longer.
At the moment there is nothing you can do except wait. You have a solicitor and the solicitor has said you need to wait.
As others have said presurising your sisters after 5 weeks is likely to wind them up and make them drag things out further. It will also be costing a lot in legal fees.
Df

jjj1980 · 21 February 2016 at 11:24AM

Like others have asked but has not been answered, is there a reason you are in so much of a rush for the money?

System · 21 February 2016 at 10:42PM

*Robin* wrote: »

Ann, I've sorted out the estates of three deceased family members in the last few years. Only the one involving no property and low value assets was finalised within twelve months, so I really think you'd be wise to consider your solicitor's comment as a "best-case scenario".

Your Mum's house almost certainly needs decorating, and probably some repairs before it can be marketed - that's after all Mum's possessions have been gone through and removed.
The executors are obliged to maximise the value of all the estate's assets, so it's much more likely that you won't be getting a cheque for two or three years (my Fathers' estate took five years to wind up, and that was without any family disputes complicating matters).

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.

No that's not what my solicitor told me.
He has looked at my mothers will and we have a copy of it to hand. Mums will clearly states that she has left her house to me and my 2 sisters as well as her assets. Which is the money from her bank account.

The terms of mums will also state that the house estate and any monies be divided equally between myself and my 2 sisters. Meaning that we each own and get a third of all of mums assets including the house and any money from the sale of the house.

All 3 of us have inherited the house and now also own the house including me. But my sisters are the executives of the will and also are beneficiary and I am also a beneficiary.

My solicitor said as beneficiary it is my right to receive the estate and to decide if or not I want my sister to live there or if I want the house to be sold. As I have decided I want the house sold it is my right to make sure that the executors(my Sisters) deal with the property in the right manner and in a reasonable amount of time.

If they don't and continue to refuse to sell the house after a certain amount of time I can take legal action against them.
And if it does come to that I do have to take them to court a judge can both order my sisters to sell the house or he could remove my sisters from the will as executors and executor rights would probably be passed over to me if that happens.
Since there is no one else in our family who is close or would get involved with the will.

But that is only if my sisters after being given a reasonable amount of time refuse to sell.
My solicitor says we cannot take court action against my sisters now because it is only 5 weeks since they were granted probate.So we would not have a case.

My solicitor said we have to first give my sisters time to put the house on the market for sale. And my solicitor is at this moment writing to my sisters solicitors asking them to confirm if they have received instructions from my sisters to deal with my mothers estate,or not.

If not my solicitor will try to find out if my sisters are dealing with the estate themselves or if they have hired another solicitor to do it for them.

If my sisters are dealing with the property themselves without a solicitor my solicitor will then write to my sisters to remind them of their obligations as executors of the will.

And it does turn out that my sisters continue to ignore their obligations and don't sell the house. Meaning that my solicitor will write to my sisters or their solicitor on my behalf(if my sisters still have one.) But if say 6 months pass and we find that my sisters have not done anything to sell the house.
My solicitor will then take court action against them.

And he has told me that the judge cannot order that my sisters can live in the house. The only way my sister can continue to live in the house is if she buys her way out.
And my sister has not got that kind of money and neither has my other sister.

And I am not going to change my mind and let my sister live there because I want it sold.
So my sisters will be forced to sell the house by the judge there is nothing they can do about it.

Because by the law of Probate(UK Law))and terms of mums will I am entitled to my third of capital from the house. My solicitor said. Which I can only get if it is sold, since nether sister has the money to buy me out of my share.
The house will have to be sold.
Then each sister including me will get a thirds of whatever the house gets sold for or money from the sale.

No my solicitor said it won't take 3 years. He says we should give my sisters 3 to 6 months to get the house on the markets. If they don't do anything after that time then we can take them to court but not now.
But it won't take 3 years to sort out that's not what I have been told.

My sister who is still living in the house also gets her 25k from my mother 77k of her bank account. My sister is single with no children and no mental health problems.
So she is perfectly capable of going back to work and finding a place of her own.
So she won't be out on the street if the house is sold.
Then when it is she will have the money from the house as well the same as I and my other sister will.

I don't think the GP or the CMHT can help with this since they don't know much about the law of wills. And they cannot talk to my sisters as they told me they are not allowed to do that.
That's why I got a solicitor for that.

System · 21 February 2016 at 10:56PM

jjj1980 wrote: »

Like others have asked but has not been answered, is there a reason you are in so much of a rush for the money?

Well I am getting my full benefits so no there is no rush.
But I know that at some point in the future my DLA will be reviewed for PIP. And I am worried that my benefit will be cut or stopped when it does.

So if I get the money this year I won't have to worry.
But my EX-CMHT social worker says she will write me a supporting letter if I want her to, if they review me for PIP.
But there is always the worry that every time they review my benefits that they will be cut or stopped.

That's why I want the money from the house. Because I want security. I also want to move but cannot because I am on benefits and don't have the money.
So If my sisters don't sell the house I won't get the money and I won't get what I want.

But she does not know that my sisters are being difficult about selling the house. When I saw my Ex-Social worker last year to tell her my mum had died and about the will.
It was my social worker who told me that I could decide to sell the house and so claim my full inheritance.

But she obviously did not know it would be so difficult because of my sisters.
My social worker did make it seem that I would get the house sold and my money just like that.
But it seems it might not be so easy.
But it's not the social workers fault as she doesn't know. She is not lawyer.

gettingtheresometime · 21 February 2016 at 11:05PM

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.

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

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free