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

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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 23 February 2016 at 7:31PM
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    Wrong. It is quite clear that the executors have no intention of dealing with the estate in a timely manner. It also seems they are allowing someone to live there without paying the market rent. The executor's year is not a fixed period but executor ar supposed to act as swiftly as reasonable. From what the OP has said they have no intention of doing so.
  • getmore4less
    getmore4less Posts: 46,882 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.

    That would have just about every solicitor that deals with probate under your cosh

    If anything they have been extremely prompt getting the grant in just a few weeks, they could have dragged that out months easy,
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Wrong. It is quite clear that the executors have no intention of dealing with the estate in a timely manner. It also seems they are allowing someone to live there without paying the market rent. The executor's year is not a fixed period but executor ar supposed to act as siftly as reasonable. From what the OP has said they have no intention of doing so.

    The OP has made it quite clear that she does not talk to her sister and has engaged a solicitor to try to do that.

    for all we know the "they don't/won't want to sell" is just a fantasy.
  • Yorkshireman99
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    The OP has made it quite clear that she does not talk to her sister and has engaged a solicitor to try to do that.

    for all we know the "they don't/won't want to sell" is just a fantasy.
    What grounds apart from fantasy do you have for drawing that conclusion?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    First post

    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


    Not being "ready" is perfectly reasonable at this stage
    The OPs solicitor agrees.

    ......
    The time line is confused as OP says mum dies 2 months ago in Nov on the 16 Feb so probably closer/over 3 month now.
  • System
    System Posts: 178,093 Community Admin
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    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.

    I cannot talk to my sisters myself because I do not get on with them and they do not want to talk to me.


    My 2 sisters are the executors of the will.
    And I did try talking to my sisters solicitors myself but my sisters solicitors won't have any conversations with me and would not answer my letters or emails.

    So I have had to get my own solicitor because the executors solicitors would not talk to me with me or take my phone calls or answer my emails to them.


    And my own solicitor told me that the executors (my sisters Solicitors) do not have any obligation to speak to me because they are my sisters solicitors not mine. And so are acting on behalf of my sisters not me.

    And from what I gather my sisters are what I call the opposition because they don't want to sell the house but I do. So we are on opposite sides. Also my sisters solicitors have been hired or employed by my sisters to act for them not me. They are not my solicitors,they are my sisters solicitors, so they don't have to speak to me.

    Even if I did still have a Social Worker from the CMHT which I don't. The CMHT cannot talk to my sisters or deal with this on my behalf because they don't deal with this kind of problem. And it's not part of their job.

    This is a legal issue that only a solicitor or possibly a legal adviser can help with.
    I did go to the CAB first but they told me I would have to get a solicitor which I have done. And I was also told this would not be covered by Legal Aid. So I knew that before I went to a solicitor.
    Wrong. It is quite clear that the executors have no intention of dealing with the estate in a timely manner. It also seems they are allowing someone to live there without paying the market rent. The executor's year is not a fixed period but executor ar supposed to act as siftly as reasonable. From what the OP has said they have no intention of doing so.

    Correct. My 2 sisters do not want to sell the house because my other sister who was living with mum before she died does not want to move out.

    No there is no rent to pay because my mothers house is all bought and paid for.
    And there is no morgage to pay because my mother bought the house upfront and paid the full amount.

    And there are no debts to settle because my mother never left any debts. The letter from the executors solicitors that was sent to my solicitor confirms that.

    So there is no reason for my sisters not to sell now. But they do not want to sell the house. And so will try to delay or avoid doing so.

    My solicitor has written to my sisters solicitors to find out if they have been instructed by my sisters to sell the house.

    So far the executives solicitors have still not respond to my solicitors letter. And my solicitors said he will my sisters solicitors 14 days to respond if not he will chase them up again.

    It could be that my sister are no longer using that solicitor and may be dealing with the estate themselves without a solicitor.
    If that is the case then my solicitor will write to my sisters explaining to them their obligations as executors of the will.

    Obviously the threat of being taken to court might scare my sisters and they may decide to put the house up for sale because they don't want any trouble.

    If not and they continue to ignore my solicitors letters then eventually my sister will be taken to court.

    But it is early days yet and we have got to give my sisters time to sort this out first.
    If after 3 to 6 months the executors my sisters still have not done anything. Then we can take them to court but not now.

    Because it has only been 5 weeks since Probate was granted. And we must first give my sisters time to get the house on the market.
    And give them time to deal with the estate.

    But because my sisters do not want any contact with me. I cannot deal with this alone. And there is also the possibility that my sisters might try to with hold or not give me my full share of my inheritance. So I cannot do this without a solicitor because of my family situation.
  • Rosemary7391
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    Ann. You do not need to do anything at this stage. You need to stop and wait. Give your sisters time to grieve, get their lives sorted out, and make some progress on sorting out the estate. Then you can think about getting a solicitor to talk to them! Getting your money to you is not going to be their top priority ever, and even if it was it would still take months. The only person who gains from you doing things now is your solicitor.
  • System
    System Posts: 178,093 Community Admin
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    Just one question I want to ask.
    The High Court who grated Probate has valued my mother house at £342000 that's 342k.

    But when my sisters do put the house up for sale which will probably be through an estate agent.

    When we find someone to buy the house(a buyer) most buyers cannot pay the 342k all at one.

    But some people like my mum can buy a house and pay the full 342k upfront without talking a mortgage.

    Though most buyers pay by taking a morgage.

    So they take out a mortgage where the house gets sold to the buyer but the buyer has to pay the mortgage off at say £400 a moth for example for the next 25 years to the estate agent until the 342k that they bought the house for is all paid off in full.

    A mortgage is like paying rent every months except that the buyer owns the house not rents it so the house belongs to whoever buys it as long as he or she pays their mortgage on time each month to the estate agent.


    So the question I am trying to ask is what if whoever buys my mums house for say 342k has not paid the full 342 upfront and is instead buying my mums house by paying a monthly mortgage.
    Does that mean my sister and I won't get the full 342k for my mums house if that is the case?

    Or does it not make any difference whether the person who buys my mums house bought it by paying all the money 342k upfront or took a morgage to do it?


    Could someone please tell me. since if the house gets sold but whoever buys mums house is taking a mortgage might mean my sisters and I won't get our 342k for the sale of the house because the buyer took a mortgage???
  • choille
    choille Posts: 9,710 Forumite
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    The morgage co will pay the money & the buyers will owe the morgage co the full amount plus interest.
  • Brighton_belle
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    Hi Ann, when people buy a house with a mortgage, a Building Society or Bank loan them the money (not the estate agent) so they can give the full £342,000 to the sellers. That means the sellers (in this case your sisters and you) will get the full amount as soon as the sale is completed - it is normally paid to the solicitor who is dealing with the sale, who then deducts their fees, pays the estate agent their agreed % and passes the remaining balance on to the sellers.
    The people who have bought it, then pay their monthly mortgage amount to their lenders (the bank or BS who loaned them the money.)
    I hope this explains it for you.
    I try to take one day at a time, but sometimes several days attack me at once
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