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  • FIRST POST
    archived user
    Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP!
    • #1
    • 16th Feb 16, 3:55 PM
    Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP! 16th Feb 16 at 3:55 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 4:17 PM.
Page 13
    • jouef
    • By jouef 4th Mar 16, 2:13 PM
    • 97 Posts
    • 44 Thanks
    jouef
    No actual knowledge but how can this be so when the OP is not an executor and thus has no direct control over the sale, etc.
    Also on a more personal note to this thread; from what I have read between the lines, the OP does not need any more to worry about. Speculation will only further add to the stresses the situation she finds herself in have already created.
    Originally posted by nom de plume
    The OP has done considerable research into understanding the effects on her benefits and has gone over this in detail on the thread. The OP has been clear that the executors (a) refused to contact her and (b) were initially reluctant to sell the house, even having doubts that they intend doing what their solicitor has said they will. This is what she asked for help with, and being told to "calm down dear" and wait does not address these concerns. If someone can clarify whether the DWP will take executor delay into account, that will be useful to the OP. Avoiding the question could leave her in difficulties if the executors have not acted and the DWP still holds her liable.
    • GirlFromMars
    • By GirlFromMars 4th Mar 16, 6:08 PM
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    GirlFromMars
    Wow, long thread. In reference to the Benefits & Inheritance (which Betty & I have been discussing in relation to a different matter) the OP will not own the house, and have to inform the DWP/Local Authority until the estate is distributed, and at that point her benefits will stop.

    The reason the OP had to insist on selling the house and not allowing her sister to continue to live there indefinitely is that capital in a property that you do not live in is counted for benefits purposes. So if the OP allowed her sister to continue to live there, then the OPs income related benefits would stop and she would have nothing to live on, but her DLA, and nowhere to live as her Housing Benefit would stop.

    If the estate were to be distributed with the house unsold, but shared between the three sisters, then the DWP would be able to disregard the capital in the property for 26 weeks only if the property were in the process of being sold.

    The OP would not be able to give her sister her share of the house, either as a gift, or by a deed of variation, as the OP would then be considered to have deprived herself of capital & the DWP would class her has having the full amount that she had gifted/varied to her sister.

    In conclusion, the OP by "insisting" on the sale has done the only thing that she can. While I feel for "Sister A" who is currently living in the property, there is nothing else that the OP could do, without losing the means to eat and live.
    • GirlFromMars
    • By GirlFromMars 4th Mar 16, 6:15 PM
    • 421 Posts
    • 568 Thanks
    GirlFromMars
    A long time poster on here was in a very similar situation to the OP and she was told very definitely that, if she used her inheritance to buy a property (which is what I think you're suggesting), this would be considered to be deprivation of capital, even though it meant that she'd never need to claim HB again.

    Sometimes the common sense approach isn't acceptable within the system.
    Originally posted by missbiggles1
    This is incorrect. Buying a house to live in is not Deprivation of Capital.

    I receive Income Related Benefits, and used an inheritance to buy a house for myself to live in. Both the DWP and Local Authority were fully informed of my intentions before the purchase, and Decision Makers from both organisations were very happy for me to use my inheritance to purchase a property in which I live, without it being classed as Deprivation of Capital.

    If anyone is ever in this situation, they need to write to the DWP/Local Authority in advance, and get a decision in writing about whether purchasing a property would be DoC.

    There is a lot of misinformation about this on the Internet, the only person who can make a decision in any specific DoC case is the DWP/LA decision maker. And so far as they are concerned in my case (and others that I am aware of) Buying a house in which you intend to live is not DoC.
    • GirlFromMars
    • By GirlFromMars 4th Mar 16, 6:19 PM
    • 421 Posts
    • 568 Thanks
    GirlFromMars
    The benefits agencies might see part-owning a house not your main residence and not claiming rent as deliberate deprivation of assets.
    Would you find it comfortable part-owning a house where the occupant will not speak to you? Where you might share landlord responsibility for gas safety certification but the occupant will not let you in? This is a serious family rift, not an exercise in paper-ownership.
    Originally posted by jouef
    In the situation you mention the DWP would stop all income related benefits to the person owning 114K of capital in a house that they do not live in.

    If your capital including capital in a property you own but do not live in is over 16K all income related benefits immediately. Capital over 6K reduces income related benefits.
    • GirlFromMars
    • By GirlFromMars 4th Mar 16, 6:33 PM
    • 421 Posts
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    GirlFromMars
    Oh. I didn't know that.
    I thought that once you find the house you want to buy. You pay the mortgage yourself out of your wages, per month to the estate agent who sold you the house. The same way you pay rent to a private landlord or letting agent.
    I didn't know that mortgage mean't the bank lending you money the same as with a bank loan.
    Thanks for explaining that that.

    If I was going to buy a place I would rather pay all the money upfront as my mother did.

    I see no point in getting a mortgage as you might as well be paying rent.
    But I would not get a mortgage anyway because I am not working.
    And they don't give mortgages to people on benefits. Even after I get my money from the house I still won't get one as you still have to be working and I cannot work.

    So the only way I could buy a place is if I payed for it upfront without a mortgage. But I don't think 114k is enough money to do that.
    A one bedroom flat even in the North of England would cost at least 60k and that would eat up most of my inheritance.

    So after I get my money from the house I can either stay in my Housing Association flat and pay my 149 a week rent which is 545 a month
    Or move though my HA home swap scheme which is difficult, but if I can get a swap with another HA the rent might be cheaper.

    Or rent a private flat with a private landlord but the inheritance won't be enough to buy a flat. Not unless I want to use up all my capital but then I will be back on benefits again.
    Originally posted by annbarbs
    Hi, you have been given some excellent advice on this thread. Largely to sit back and let the executors (your sisters) and the solicitors do their thing.

    I am glad to hear that your sisters are starting to execute their duties as executors & begin the process of selling the property & winding up the estate. Please be patient, this will take ages, it always does.

    Please only contact your solicitor sparingly, as every contact will cost you more money.

    Once the estate has been wound up & the assets distributed there is another possible option for what to do with your share of the money.

    I understand you have mental health problems, and are on benefits, and don't think property ownership is for you, but I am in a very similar position to you, and was able to purchase a Shared Ownership property with a Housing Association who deal exclusively with people with disabilities (Mental Health Problems, Physical Health Problems, and Learning Disabilities).

    In my situation I was able to purchase outright a 55% share in a 2 bedroom flat from the open market very close to where I had previously been living. The Housing Association own the other 45% of my flat, and I pay them rent every month, this is paid for directly by Housing Benefit. The rent also includes all of the structural maintenance of the property including the gas and electrics, and kitchen & bathroom.

    The Housing Association was originally designed to assist people with learning disabilities, so the process of purchasing a property was very simple.

    You would need to write to the DWP and Local Authority in advance to ask them to make a decision about Deprivation of Capital and whether if you buy a house to live in they would continue to pay you benefits. But this is very straightforward, and both should agree that you would be allowed to use the money to purchase a property to live in.

    If this is something that would appeal to you, I could give you the contact details for the housing association and you could discuss with them if this would be a possible solution for you.

    Anyway, I thought you should know there is another option.
    Last edited by GirlFromMars; 04-03-2016 at 6:43 PM.
    • jouef
    • By jouef 4th Mar 16, 7:35 PM
    • 97 Posts
    • 44 Thanks
    jouef
    Wow, long thread.
    Originally posted by GirlFromMars
    Wow, great advice.
  • archived user
    I understand you have mental health problems, and are on benefits, and don't think property ownership is for you, but I am in a very similar position to you, and was able to purchase a Shared Ownership property with a Housing Association who deal exclusively with people with disabilities (Mental Health Problems, Physical Health Problems, and Learning Disabilities).

    In my situation I was able to purchase outright a 55% share in a 2 bedroom flat from the open market very close to where I had previously been living. The Housing Association own the other 45% of my flat, and I pay them rent every month, this is paid for directly by Housing Benefit. The rent also includes all of the structural maintenance of the property including the gas and electrics, and kitchen & bathroom.

    The Housing Association was originally designed to assist people with learning disabilities, so the process of purchasing a property was very simple.

    You would need to write to the DWP and Local Authority in advance to ask them to make a decision about Deprivation of Capital and whether if you buy a house to live in they would continue to pay you benefits. But this is very straightforward, and both should agree that you would be allowed to use the money to purchase a property to live in.
    Yes I am in a HA flat but it not sheltered or supported accommodation or anything like that. I have a one bedroom HA flat with an assured tenancy for life.
    And I have heard that both Council and HA tenants do have the right to buy their flat but I think it depends on the Council or HA you are with.

    But unfortunately the money I will get from my mum's house when sold(114k) won't be enough for me to buy a flat. And as you know I won't be able to get a mortgage either because I am not working.

    Which is a shame as think I would be better off in a bought flat as at least then I would be my own boss.
    But even if I could buy my HA, I wouldn't.

    Because my flat is a new build in a block and although I would own my flat, the HA would still own the building and communal areas freehold. So if anything went wrong with for example the communal lighting or the water pump that pumps in our water supply to our flats, I would still have to go to my HA for repairs and wait for them to fix it. And I would still be subject to my HA rules such as we cannot even put up our own satellite dish, or TV Arial,we have to use the communal one.

    That's why it's not worth buying my flat off my HA.I would be better off buying a private flat or maisonette with my own front door that leads out into the street. Or at least one where I would own my own communal area as well.
    Not a flat in a block where you still have a lot of restrictions.

    I know people who have bought flats in a block where they only own the flat but the landlord owns the building freehold. And believe me they are not better off than renting because there are still a lot of restrictions and the freeholders often do not maintain the property.

    So if you are going to buy a flat it's better to buy one with your own front door and no freeholders as I said.

    But sadly because I will only inherit a third of the money from the house that won't be enough for me to buy a flat,only rent.Which is a shame for me as I want to leave my HA as they are not all that great. Plus the rent I will have to pay my HA will be the full rent of 604 per calendar month. And I am not happy about that at all. Since their service is not all that great.

    The rent with my HA is higher than with most HA because it's a new build property.

    So my plan is to leave the HA and rent a private flat up north from a private landlord or letting agency when I get my inheritance of course.
    As the rent in Liverpool where I want to go will only be about 80 or 90 a week for a one bedroom flat. Which is a lot less than what my HA will charge me.
    Last edited by annbarbs; 22-03-2016 at 3:35 AM.
    • dawyldthing
    • By dawyldthing 22nd Mar 16, 12:52 PM
    • 3,379 Posts
    • 3,335 Thanks
    dawyldthing
    In some places up north you can buy a house for 60k or less

    Yes I am in a HA flat but it not sheltered or supported accommodation or anything like that. I have a one bedroom HA flat with an assured tenancy for life.
    And I have heard that both Council and HA tenants do have the right to buy their flat but I think it depends on the Council or HA you are with.

    But unfortunately the money I will get from my mum's house when sold(114k) won't be enough for me to buy a flat. And as you know I won't be able to get a mortgage either because I am not working.

    Which is a shame as think I would be better off in a bought flat as at least then I would be my own boss.
    But even if I could buy my HA, I wouldn't.

    Because my flat is a new build in a block and although I would own my flat, the HA would still own the building and communal areas freehold. So if anything went wrong with for example the communal lighting or the water pump that pumps in our water supply to our flats, I would still have to go to my HA for repairs and wait for them to fix it. And I would still be subject to my HA rules such as we cannot even put up our own satellite dish, or TV Arial,we have to use the communal one.

    That's why it's not worth buying my flat off my HA.I would be better off buying a private flat or maisonette with my own front door that leads out into the street. Or at least one where I would own my own communal area as well.
    Not a flat in a block where you still have a lot of restrictions.

    I know people who have bought flats in a block where they only own the flat but the landlord owns the building freehold. And believe me they are not better off than renting because there are still a lot of restrictions and the freeholders often do not maintain the property.

    So if you are going to buy a flat it's better to buy one with your own front door and no freeholders as I said.

    But sadly because I will only inherit a third of the money from the house that won't be enough for me to buy a flat,only rent.Which is a shame for me as I want to leave my HA as they are not all that great. Plus the rent I will have to pay my HA will be the full rent of 604 per calendar month. And I am not happy about that at all. Since their service is not all that great.

    The rent with my HA is higher than with most HA because it's a new build property.

    So my plan is to leave the HA and rent a private flat up north from a private landlord or letting agency when I get my inheritance of course.
    As the rent in Liverpool where I want to go will only be about 80 or 90 a week for a one bedroom flat. Which is a lot less than what my HA will charge me.
    Originally posted by annbarbs
    to the lil one
    • bouncydog1
    • By bouncydog1 25th Mar 16, 5:11 PM
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    bouncydog1
    It is not easy to get a court to force a sale when an individual has lived in a property for many years and the individual is a beneficiary the same as you. Why should your wishes be more important than theirs? Your best bet is just to sit tight and leave your sisters to take their time otherwise all your inheritance will go on legal fees.
    • Yorkshireman99
    • By Yorkshireman99 25th Mar 16, 5:41 PM
    • 5,395 Posts
    • 4,561 Thanks
    Yorkshireman99
    It is not easy to get a court to force a sale when an individual has lived in a property for many years and the individual is a beneficiary the same as you. Why should your wishes be more important than theirs? Your best bet is just to sit tight and leave your sisters to take their time otherwise all your inheritance will go on legal fees.
    Originally posted by bouncydog1
    The OP is entitled to the inheritance just as much as other beneficiaries. What seem to be happening is that at least one other beneficiary expects to be treat preferentially to the detriment of the OP. Why do you think that is fair? AIUI the resident was at liberty to make an application because she was financially dependent but did not do so. It may sound harsh but all the beneficiaries are entitled to be treated fairly. The court is likely to order the sale.
    • bouncydog1
    • By bouncydog1 27th Mar 16, 6:53 PM
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    bouncydog1
    The court may order the sale - but the other person will have to pay substantial legal fees to get things to that stage with no guarantee that the court will order the sale. My response is based on legal advice received when faced with a very similar situation. Matters were resolved in the end but it took c2 years.
    • Yorkshireman99
    • By Yorkshireman99 27th Mar 16, 7:21 PM
    • 5,395 Posts
    • 4,561 Thanks
    Yorkshireman99
    The court may order the sale - but the other person will have to pay substantial legal fees to get things to that stage with no guarantee that the court will order the sale. My response is based on legal advice received when faced with a very similar situation. Matters were resolved in the end but it took c2 years.
    Originally posted by bouncydog1
    There is every chance that the Court will order the sale and the costs will come out of the other party's inheritance. The way the other party has behaved can be given in evidence to the Court that will not look favourably on people who mess about in this way. The OP should not give in to the bullying.
    • GirlFromMars
    • By GirlFromMars 29th Mar 16, 6:12 PM
    • 421 Posts
    • 568 Thanks
    GirlFromMars
    Yes I am in a HA flat but it not sheltered or supported accommodation or anything like that. I have a one bedroom HA flat with an assured tenancy for life.
    And I have heard that both Council and HA tenants do have the right to buy their flat but I think it depends on the Council or HA you are with.

    But unfortunately the money I will get from my mum's house when sold(114k) won't be enough for me to buy a flat. And as you know I won't be able to get a mortgage either because I am not working.

    Which is a shame as think I would be better off in a bought flat as at least then I would be my own boss.
    But even if I could buy my HA, I wouldn't.

    Because my flat is a new build in a block and although I would own my flat, the HA would still own the building and communal areas freehold. So if anything went wrong with for example the communal lighting or the water pump that pumps in our water supply to our flats, I would still have to go to my HA for repairs and wait for them to fix it. And I would still be subject to my HA rules such as we cannot even put up our own satellite dish, or TV Arial,we have to use the communal one.

    That's why it's not worth buying my flat off my HA.I would be better off buying a private flat or maisonette with my own front door that leads out into the street. Or at least one where I would own my own communal area as well.
    Not a flat in a block where you still have a lot of restrictions.

    I know people who have bought flats in a block where they only own the flat but the landlord owns the building freehold. And believe me they are not better off than renting because there are still a lot of restrictions and the freeholders often do not maintain the property.

    So if you are going to buy a flat it's better to buy one with your own front door and no freeholders as I said.

    But sadly because I will only inherit a third of the money from the house that won't be enough for me to buy a flat,only rent.Which is a shame for me as I want to leave my HA as they are not all that great. Plus the rent I will have to pay my HA will be the full rent of 604 per calendar month. And I am not happy about that at all. Since their service is not all that great.

    The rent with my HA is higher than with most HA because it's a new build property.

    So my plan is to leave the HA and rent a private flat up north from a private landlord or letting agency when I get my inheritance of course.
    As the rent in Liverpool where I want to go will only be about 80 or 90 a week for a one bedroom flat. Which is a lot less than what my HA will charge me.
    Originally posted by annbarbs
    Sorry, I didn't realise you'd returned to this thread, so has taken me a while to reply!

    The Housing Association I am with and am suggesting you contact is a special Housing Association, for Adults with Learning Disabilities, Mental Health Problems and Physical Disabilities that helps clients become a shared ownership owner along with the Housing Association.

    It doesn't work in the same way as the housing association that you are used to.

    This Housing Association works with the client to purchase a local home that is suitable for their needs. So, in your situation you want a front door, and want to be able to make alterations to the property, for example a sky satellite dish. This is just fine, because the client chooses the property from whatever is for sale locally. There are a few conditions, like the property can't be very old and in need of repair.

    In my situation I own outright a 55% share in my 2 bed flat. That cost me about 65,000. The Housing Association own the other 45% of my flat. I claim Housing Benefit that is payed directly to the Housing Association, that covers the rent for the portion of the flat I don't own. All service charges, general maintenance of the building, and a sinking fund for future large works are also covered by the Housing Benefit.

    114,000 should definitely be enough money to buy a property for you to live in. If you want to live further north, you may be able to purchase a property out right. But your other option is a Shared Ownership along with a good Housing Association, that would allow you to purchase closer to home.

    Read more about Shared Ownership by clicking Here.
    Last edited by GirlFromMars; 29-03-2016 at 6:15 PM.
    • missbiggles1
    • By missbiggles1 29th Mar 16, 6:23 PM
    • 16,254 Posts
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    missbiggles1
    This is incorrect. Buying a house to live in is not Deprivation of Capital.

    I receive Income Related Benefits, and used an inheritance to buy a house for myself to live in. Both the DWP and Local Authority were fully informed of my intentions before the purchase, and Decision Makers from both organisations were very happy for me to use my inheritance to purchase a property in which I live, without it being classed as Deprivation of Capital.

    If anyone is ever in this situation, they need to write to the DWP/Local Authority in advance, and get a decision in writing about whether purchasing a property would be DoC.

    There is a lot of misinformation about this on the Internet, the only person who can make a decision in any specific DoC case is the DWP/LA decision maker. And so far as they are concerned in my case (and others that I am aware of) Buying a house in which you intend to live is not DoC.
    Originally posted by GirlFromMars
    It may be incorrect but the poster in question is an intelligent, long standing member of MSE and she went into it at some length over a period of time and with many discussions with the DWP and DMs, both over the phone and face to face. None of us could understand it and many people made suggestions to her but, in her case there was no way round it, I'm afraid.

    I'm happy that you had a better outcome but it isn't necessarily as cut and dried as you think.
    • missbiggles1
    • By missbiggles1 29th Mar 16, 6:27 PM
    • 16,254 Posts
    • 30,257 Thanks
    missbiggles1
    Sorry, I didn't realise you'd returned to this thread, so has taken me a while to reply!

    The Housing Association I am with and am suggesting you contact is a special Housing Association, for Adults with Learning Disabilities, Mental Health Problems and Physical Disabilities that helps clients become a shared ownership owner along with the Housing Association.

    It doesn't work in the same way as the housing association that you are used to.

    This Housing Association works with the client to purchase a local home that is suitable for their needs. So, in your situation you want a front door, and want to be able to make alterations to the property, for example a sky satellite dish. This is just fine, because the client chooses the property from whatever is for sale locally. There are a few conditions, like the property can't be very old and in need of repair.

    In my situation I own outright a 55% share in my 2 bed flat. That cost me about 65,000. The Housing Association own the other 45% of my flat. I claim Housing Benefit that is payed directly to the Housing Association, that covers the rent for the portion of the flat I don't own. All service charges, general maintenance of the building, and a sinking fund for future large works are also covered by the Housing Benefit.

    114,000 should definitely be enough money to buy a property for you to live in. If you want to live further north, you may be able to purchase a property out right. But your other option is a Shared Ownership along with a good Housing Association, that would allow you to purchase closer to home.

    Read more about Shared Ownership by clicking Here.
    Originally posted by GirlFromMars
    It probably would be but the OP is only inheriting one third of that amount, which is what this thread is about.
    • GirlFromMars
    • By GirlFromMars 29th Mar 16, 7:38 PM
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    • 568 Thanks
    GirlFromMars
    It may be incorrect but the poster in question is an intelligent, long standing member of MSE and she went into it at some length over a period of time and with many discussions with the DWP and DMs, both over the phone and face to face. None of us could understand it and many people made suggestions to her but, in her case there was no way round it, I'm afraid.

    I'm happy that you had a better outcome but it isn't necessarily as cut and dried as you think.
    Originally posted by missbiggles1
    Nope, it's not always cut & dried, and that's why I'd suggest anyone in this situation write to a Decision Maker for a decision.

    However, in my case I spoke to three separate decision makers (LA over the phone and via email, one DWP via post, and the other DWP over the phone) and none of them raised any level of concern at all. They were all absolutely adamant that I could buy a property to live in, and the Local Authority one at least was astounded I should have been told otherwise.

    The only person who can make a decision is a Decision Maker, anything else is opinion. Very sorry the other poster had such a different outcome!
    • GirlFromMars
    • By GirlFromMars 29th Mar 16, 7:40 PM
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    GirlFromMars
    It probably would be but the OP is only inheriting one third of that amount, which is what this thread is about.
    Originally posted by missbiggles1
    Hopefully I don't have to read the entire thread again? But I was under the impression the 1/3 of the estate had been valued at 114k - so the full estate was 342?k - pretty sure there's a house, and bank account with a considerable amount in it to be distributed.
    • GirlFromMars
    • By GirlFromMars 29th Mar 16, 7:43 PM
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    GirlFromMars
    From the first page - 1/3 of the estate is estimated at 114K

    Thanks Mojisola.What you have said is pretty much the same thing as what my solicitor told me.

    Probate was granted by the High Court on 29th December 2015 to my sisters who are the executors of the will and was executed by my sisters solicitors.

    So my sisters used their own solicitor to aply for probate on their behalf.

    My solicitor has sent me the letter from the court which says that my mother died on 5th November 2015 and is buried in England and Wales.

    The High Court has also valued my mothers house as 364,000 if sold.

    And the terms of my late mum's will is that each sister gets a third of the sale of the house(if sold) which is about 114,00 for each of us.

    So if the house is sold I could get 114,000 and my 2 sisters will also get 114,000 if the house is sold for that amount.





    Yes that is what my Solicitor has told me and it also says that in the copy of my late mothers will that I have.
    Sorry I mean't to say executors.


    Yes my solicitor told me that but that now means that the house has now been handed over to us, that is me and my 2 sisters but they are the executors.


    Yes and according to the terms of mum's will I inherit a thirds of everything as does my 2 other sisters.
    Meaning that if the house is sold me and my sisters get a third of whatever the house is sold for and a thirds of my mothers savings she left us.



    There are no debts documents sent to me and my solicitor via my sisters solicitor state that mum did not have any debts.
    So that's not a problem.



    My solicitor told me the same thing.
    That my sister can only stay in the house if she buys her way out by giving me my share of the sale of the house.
    But that is not going to happen became my sister do not have that kind of money.

    And even if they did I don't think they are going to give me 114,00,so the house will have to be sold my solicitor said.

    And the each of us, that is myself and my sisters will have to both pay the Estate Agents fess for selling the house and the legal costs involved out of our money from the sale of the house.

    And I will of course have to pay my solicitor his fees for whatever work he has done for me, as this is not covered by Legal Aid.
    But I know that, as I was told this by the CAB who said that wills and probate is not covered by Legal Aid.



    My mother has left 77,000 which is what she had in her savings and is to be divided between the 3 of us.
    So we each get 25,000 but that is not enough for either of my sister to buy out my share of the sale of the house.

    And that money won't be paid to either me or my sisters until the end of the solicitors administration after the house is sold.
    So we won't get that money now.

    And sisters do not want any contact with me so I cannot talk to my sisters because they do not want to see me and won't even let me in the house if I try to visit them.

    So there is no way I can talk to them.
    That is why I have gone to a solicitor because of this because my sisters don't want anything to do with me
    So there is no way I can go to my sisters or talk to them.
    My solicitor will have to do it. There is no other option for me but to go though my solicitor because I cannot contact my sisters myself, they don't want any contact with me.


    So far my solicitor has been dealing with this by writing to my sisters solicitors. But we had a letter from my sisters solicitors to say that their role was only to get the grant of probate, not sell the house.

    So my solicitor has told me that he is now trying to find out if my sisters solicitors are still dealing with the property.

    If they are not then we need to find out if my sisters have got another solicitor or are dealing with it themselves.
    That's what my solicitor is now trying to find out.

    If my sisters are dealing with the property themselves my solicitor said he will write to both of them and advise them their legal position as executors which is what he told me.

    My solicitor also told me if my sisters refuse to sell then I may have to take legal action against them.
    But we(me and my solicitor) have to give my sisters a certain amount of time before we do this and I cannot take my sisters to court now not at this point in time because it is only 5 weeks since they were granted probate, so not enough time.

    I also told my solicitor that I would sell the house myself if I could but he would have to help me since I don't know how to do this myself or what to do.

    But he said I cannot because I am not the executor.
    I don't know if that would change if my sisters refuse to sell and I do have to go to court.
    Maybe the court would then grant me that right?
    But I think that would only be if my sisters never sold the house or refused to sell.

    If your sister was a live in carer then I don't think it is at all surprising that she does not want to leave the house, she may even feel you are trying to kick her out. Have you talked to her about her options for housing?



    My sisters have cut me off so I cannot talk to them as I explained.

    I don't think my sister has gone to court to ask to stay in the house and
    I am not sure if she could do that or not.

    But I will ask my solicitor. Or get him to find out as that's something we would have to fight if that is the case.
    Originally posted by annbarbs
    • jouef
    • By jouef 22nd Apr 16, 9:53 PM
    • 97 Posts
    • 44 Thanks
    jouef
    From the first page - 1/3 of the estate is estimated at 114K
    Originally posted by GirlFromMars
    From the first page (without reading everything in detail again) the estate comprises a house priced at 364k and 77k cash, to be divided in equal thirds. That's 147k each, less costs (which could be considerable).
    • missbiggles1
    • By missbiggles1 22nd Apr 16, 10:02 PM
    • 16,254 Posts
    • 30,257 Thanks
    missbiggles1
    From the first page (without reading everything in detail again) the estate comprises a house priced at 364k and 77k cash, to be divided in equal thirds. That's 147k each, less costs (which could be considerable).
    Originally posted by jouef
    Yes,sorry, I misread it.
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