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Brothers blocking slae of inherited property

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  • Brothers blocking slae of inherited property

    Apologies for this being complicated.
    Myself and 2 younger brothers have inherited our mothers property, a shop and house combined. We 3 are joint executors and joint probate holders. An electricity bill is still in joint executors name. Our Mum died in 2021, but it took 18 months to get probate due to my brothers burying their head in the sand. Our Dad and Mum divorced many years ago.
    Initially we all agreed to sell, but selling off market to avoid payments.
    We had an offer but that fell through after months of timewasting.
    The house has been stripped to sell, taken back to the brick in some rooms.
    My youngest brother lives there still my middle brother moved out about 18 months ago.
    We eventually agreed to put it with an estate agent.
    They did not sign the papers to engage solicitors, my youngest living at the address seemingly want to deal with everything, but did not even send me the documents.
    I then went behind his back and got the documents read and signed and sent them back. Both have now not signed the documents and it is unopened I have been told.
    I am concerned that I could run up large legal bills and they still ignore or do the opposite.
    There is more but am conscious of space.
    Can I get them off the probate or will take up a lot of time energy and expense?
    Thanks
    Tags: None

  • #2
    Option 1 (preferred): you and your brothers need to work things out and agree something.

    Option 2: You consider going to court for an order requiring the property to be sold.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Talk this through. The cost of not doing so would be disastrous.

      Comment


      • #4
        Thank you dslippy atticus
        As an update, things have drifted. We had another offer. That also did not progress as person could not afford what they offered.
        We went to an estate agent, against middle brother wishes. We've had no viewings but brothers are blocking talking to the Estate Agent, blocking taking it off the market, and blocking going to another Estate Agent even if this means paying original one a sellers fee
        We are now apart in what to do next. Middle brother is all but saying he wants to wai until the market recovers. He seems happy enough to pay the Council Tax whilst Youngest brother stays in house for free (Still odd).
        I've tried renewing insurance it has rocketed due to condition of house, and change in type of insurance my Mum took out.
        We are at stalemate collectively.
        It seems legal is the only answer and I am under massive pressure by my wife to go thr legal route.
        I've not even looked into the Joint Tenants/Tenants in Common as I think we'll be all different. Me: wife and child. Middle: No kids recently co-habiting. Youngest: 2 kids, never married & estranged from children's mother. But It seems I can do that without the other two's consent. However, it is still in Mum's name. So can I change to Tenants in Common before the change to the Land Registry?
        Last edited by MSA1; 5th December 2023, 11:48:AM.

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