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Sibling refusing to sell inherited house

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  • #16
    Originally posted by Mace Windu View Post
    Iím in exactly the same position. My Father passed away late last year and his Will left the estate 50/50 between myself and my Sister. Whilst Iíd like to sell the property ASAP she intends to move in and keep it for herself. Whilst there is no mortgage there is a charge over the property from the county council for the cost of his care. The only way for this to be repaid is for the property to be sold but for some reason the council seem very laid back about the whole thing and donít seem to be any hurry to take any action.
    Both of us are named as Executors but obviously there is only one ďoriginalĒ Will.
    Initially she blocked my Fathers solicitor from releasing the Will to me and I did the same pending legal advice. My solicitor got an undertaking from her that she would honour my Fathers wishes and I would be named joint Executor on the paperwork. My solicitor then advised the Will could be released to her to avoid any further delay.
    Since then she has not done anything with the paperwork and is not taking any actionÖ.and seems to be deliberately delaying things.
    I was diagnosed with cancer last year and when I spoke to her for an update she was pretty forthright in saying ďIím just waiting for you to die before doing anything then I can have the whole thing anywayĒ
    Have to say the whole thing is really stressing me out not helping my health.
    See my reply to the OP if that helps you too, Iím happy to answer any questions you have also

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    • #17
      Originally posted by Irina View Post

      See my reply to the OP if that helps you too, Iím happy to answer any questions you have also
      Hi, many thanks for posting this Ė it is very useful and has given me some faith that this will be sorted outÖ eventually. Iím just really concerned that I will die before this is resolved and I really would like to have the money to leave to my wife and children.
      My sister was given the original Will a few months ago on the understanding she would commence probate. It seems she has done nothing in terms of completing the paperwork or applying for probate and is no longer responding to my solicitors letters.
      My solicitor has advised that the way forward now is to apply to the Courts have her removed as an Executor but I have no idea how long this will take. May I ask how your Solicitor got the other side to throw in the towel?Ö.as far as I know my sister has no legal representation herselfÖ - her strategy appears to be to put her head in the sand and hope that everything goes away.
      Last edited by Mace Windu; 6th July 2021, 14:22:PM.

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      • #18
        Originally posted by Mace Windu View Post

        Solicitor got the other side to throw in the towel?Ö.as far as I know my sister has no legal representation herselfÖ - her strategy appears to be to put her head in the sand and hope that everything goes away.
        Hi,

        Happy to help, I know how upsetting this type of situation can be.

        Iím paraphrasing, but in my situation, my solicitor advised the executor (my brother) in writing that his legal duty is to simply gather in and distribute the estate to all beneficiaries stipulated in the Will.

        He also mentioned the executorís year (at that point we were at 2 years since my Mum passed) and told my brother he was in breach of his fiduciary duty and must immediately either get on with selling the assets or step down as executor. Probate had already been granted within a year of my Mumís death so my brother did that but then just wanted to keep everything for himself for as long as possible.

        I believe my solicitor gave him 14 days to comply (to start the selling process) or we would petition the Court to have him removed as executor and then take him to court to have him removed from my Mumís house. I believe my brother paying me market rent for his time living rent free at the house was also mentioned and we gave him a couple of months notice to move out of my motherís home - him living there meant there was a conflict of interest,

        My brother/ his solicitor folded immediately. But of course your solicitor should be able to advise you on your specific issue. But as far as Iím aware the deceasedís wishes must be carried out (within a reasonable timescale) and thatís the bottom line.

        I hope it getís resolved, but remember youíre not alone. And you have a right to claim what was left to you, itís up to you what you do with the proceeds, donít let your sibling or anyone else make you feel guilty about wanting what your parent wanted you to receive. I hid (and still do) what was going on from everyone around me bar my husband because I felt shame to an extent that I had such awful siblings and was having to fight for my legal share of a good sized inheritance.

        Reading othersí threads, not everyone has that idyllic family and itís amazing how inheritance can bring out the worst in people. Fighting these battles also, I found, prolonged the grieving process for me. Itís horrid.
        Last edited by Irina; 7th July 2021, 15:06:PM.

        Comment


        • #19
          Originally posted by Irina View Post

          Hi,

          Happy to help, I know how upsetting this type of situation can be.

          Iím paraphrasing, but in my situation, my solicitor advised the executor (my brother) in writing that his legal duty is to simply gather in and distribute the estate to all beneficiaries stipulated in the Will.

          He also mentioned the executorís year (at that point we were at 2 years since my Mum passed) and told my brother he was in breach of his fiduciary duty and must immediately either get on with selling the assets or step down as executor. Probate had already been granted within a year of my Mumís death so my brother did that but then just wanted to keep everything for himself for as long as possible.

          I believe my solicitor gave him 14 days to comply (to start the selling process) or we would petition the Court to have him removed as executor and then take him to court to have him removed from my Mumís house. I believe my brother paying me market rent for his time living rent free at the house was also mentioned and we gave him a couple of months notice to move out of my motherís home - him living there meant there was a conflict of interest,

          My brother/ his solicitor folded immediately. But of course your solicitor should be able to advise you on your specific issue. But as far as Iím aware the deceasedís wishes must be carried out (within a reasonable timescale) and thatís the bottom line.

          I hope it getís resolved, but remember youíre not alone. And you have a right to claim what was left to you, itís up to you what you do with the proceeds, donít let your sibling or anyone else make you feel guilty about wanting what your parent wanted you to receive. I hid (and still do) what was going on from everyone around me bar my husband because I felt shame to an extent that I had such awful siblings and was having to fight for my legal share of a good sized inheritance.

          Reading othersí threads, not everyone has that idyllic family and itís amazing how inheritance can bring out the worst in people. Fighting these battles also, I found, prolonged the grieving process for me. Itís horrid.
          Thank you so much for this Öits really helpful and does make me feel there at the light at the end of the tunnelÖ. I fully intend to keep fighting until my last breath. The only silver lining is that it really has shown me her true colours and I can now see what has been staring me in the face most of my life.
          Last edited by Mace Windu; 19th July 2021, 11:53:AM.

          Comment


          • #20
            From reading this post it would appear there is some confusion as to executors and beneficiaries.

            ďIt says that the whole estate is to be diverted 50/50 between us.Ē

            Suggests two beneficiaries, are you also join executors?

            Comment


            • #21
              Originally posted by EnglandPi View Post
              From reading this post it would appear there is some confusion as to executors and beneficiaries.

              ďIt says that the whole estate is to be diverted 50/50 between us.Ē

              Suggests two beneficiaries, are you also join executors?
              Thank you for the message.
              Thatís correct we are both named executors and 50/50 beneficiaries. However the solicitor could only release the original Will to one of us.
              She refused to let my Fathers Solicitor release it to me and I did the same following advice from my Solicitor so there was a period of stalemate for a while.
              Eventually my Solicitor did receive an undertaking from her that shown would deal with the paperwork etc if the Will was released to her...so rather than delay things indefinitely he agreed it could be released to her but Öunfortunately she has not actually done anything with it.

              Comment


              • #22
                Anyone can get a copy of a will @ https://www.gov.uk/search-will-probate

                If you are an executor you don't have to wait for anyone else to action the content of the will you have equal powers.

                Comment

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