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  • FIRST POST
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    Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP!
    • #1
    • 16th Feb 16, 4:55 PM
    Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP! 16th Feb 16 at 4:55 PM
    My mother died 2 months ago in November 2015 and she has left both her house and a small sum of money to myself and my 2 younger sisters in her will.

    My 2 sisters are both the executives of the will, but I am not. But my mum has included me in her will and left the house to the 3 of us and we each get a third of everything.

    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.

    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.

    My other sister is married with a house of her own and I have my own flat. But I want to sell the house because I am on benefits and need the money for myself.


    My situation is that my sisters do not want any contact with me and it was like this even when mum was alive.

    So I have gone to a wills and Probate solicitor who has taken my case. Because of my family situation,my sisters won't see me or talk to me, there is no way I can sort this out on my own. And my sisters solicitor won't have any conversations with me, since she is my sisters solicitor not mine.

    So I have had to get a solicitor of my own which I have done. But I have found out that it won't be covered by Legal Aid but my solicitor has said I will be billed the fees at the end of administration after my mums house is sold as I will have the money from the house sale.Which is an agreement I am happy with.

    What has happened so far is that my sisters solicitors applied for probate on behalf of my sisters who are executives of the will.
    My late mother left her house to me and my sisters.


    My sisters solicitors applied for and my sisters and I were granted Probate by the high Court on the 29th December 2015.
    Which means that my mums house is both mine and my sisters and can be sold.

    My solicitor who is acting for me has so far been contacting my sisters though their solicitor.


    But now my sisters solicitors have told my solicitor that their role was limited applying for the grant of probate and my sisters are not ready to sell the house.
    And I am not happy with this at all as it seems that my sisters are trying to get out of selling the house.


    I would sell the house myself but my solicitor has told me that because I don't have the automatic right to do this since I am only a benefactor of my late moms will but not the executive.
    My 2 sisters are the executives but not me.

    I don't understand this because mum has left her house to me and my sisters in her Will. So the house now belongs to me as well as my sisters.

    So why can't I sell it?

    But my solicitor said that as a benefactor I have the right to receive my late mothers estate and make sure that my sisters who are the executives of the will deal with the property correctly and sell it in a reasonable amount of time.

    And if they don't I can take legal action against the executives who are in this case my sisters.

    So I told my solicitor to do it, but my solicitor said we cannot take it before a judge now because it has only been 5 weeks that we have been granted probate. And I have got to give my sisters(the executives of the will) more time to get the house on the market.


    But my sisters are doing nothing about this.

    So where do I go from here?

    And is my solicitor telling me correctly or can more be done about this?

    Please can someone advise since I don't know much about the laws of probate.
    I am in England, well London actually and my mum died in London so the will is subject to English law. Just to let you know.
    Last edited by annbarbs; 16-02-2016 at 5:17 PM.
Page 11
    • missbiggles1
    • By missbiggles1 1st Mar 16, 5:12 PM
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    missbiggles1
    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.
    Originally posted by Gigervamp
    Going by earlier posts the OP has been pushing for an immediate sale since well before Christmas which would've been less than 6/7 weeks after the death.
    • peachyprice
    • By peachyprice 1st Mar 16, 5:41 PM
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    peachyprice
    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.
    Originally posted by Gigervamp
    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
    • By Gigervamp 1st Mar 16, 6:20 PM
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    Gigervamp
    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
    • By peachyprice 2nd Mar 16, 7:45 AM
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    peachyprice
    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.
    Originally posted by Gigervamp
    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
    • By jouef 2nd Mar 16, 8:06 AM
    • 97 Posts
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    jouef
    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.
    Originally posted by peachyprice
    ["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
    • By Yorkshireman99 2nd Mar 16, 9:01 AM
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    Yorkshireman99
    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.
    Originally posted by Gigervamp
    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
    • By Tiredandemotional 2nd Mar 16, 2:00 PM
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    Tiredandemotional
    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
    • By jouef 2nd Mar 16, 6:53 PM
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    jouef
    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.
    Originally posted by Tiredandemotional
    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
    • By getmore4less 3rd Mar 16, 9:01 AM
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    getmore4less
    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".
    Originally posted by jouef
    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
    • By Caroline_a 3rd Mar 16, 10:44 AM
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    Caroline_a
    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
    • By nom de plume 3rd Mar 16, 11:18 AM
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    nom de plume
    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.
    Originally posted by Caroline_a
    The OP has been back repeatedly...
    • Yorkshireman99
    • By Yorkshireman99 3rd Mar 16, 11:36 AM
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    Yorkshireman99
    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.
    Originally posted by getmore4less
    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.
    • Mojisola
    • By Mojisola 3rd Mar 16, 11:39 AM
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    Mojisola
    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.
    Originally posted by Yorkshireman99
    Probate was granted at the end of December.
    • Yorkshireman99
    • By Yorkshireman99 3rd Mar 16, 11:53 AM
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    Yorkshireman99
    Probate was granted at the end of December.
    Originally posted by Mojisola
    Fair enough so they have even less excuse.
    • jouef
    • By jouef 3rd Mar 16, 2:43 PM
    • 97 Posts
    • 44 Thanks
    jouef
    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.
    Originally posted by getmore4less
    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."
    Last edited by jouef; 03-03-2016 at 11:31 PM. Reason: can't spell
    • Caroline_a
    • By Caroline_a 3rd Mar 16, 2:50 PM
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    Caroline_a
    The OP has been back repeatedly...
    Originally posted by nom de plume
    Yes but not for a while...
    • Keeping Motivated
    • By Keeping Motivated 3rd Mar 16, 2:53 PM
    • 3,572 Posts
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    Keeping Motivated
    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.
    Last edited by Keeping Motivated; 03-03-2016 at 4:11 PM.
    • Robin9
    • By Robin9 3rd Mar 16, 4:23 PM
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    Robin9
    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.
    Originally posted by Yorkshireman99
    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)
    • missbiggles1
    • By missbiggles1 3rd Mar 16, 4:32 PM
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    missbiggles1
    Fair enough so they have even less excuse.
    Originally posted by Yorkshireman99
    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.
    Last edited by missbiggles1; 03-03-2016 at 5:05 PM.
    • candlelight 2013
    • By candlelight 2013 3rd Mar 16, 4:49 PM
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    candlelight 2013
    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[
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