Probate problem

[atticus]

I should have added, that even though he was living there he wouldn't pay me rent because he said it wasn't let worthy to the general public

But he didn't have to pay rent to live elsewhere!

[ricciarellod]

I hope this is in the appropriate place.

Hello, some progress has been made. My brother has agreed to sell the property my mother left us.
On the probate documents the property is worth 425,000. He was going to buy me out so a year later got a buy to let mortgage evaluation which was 365,000.
He says he's done work on the property and added value to it.

Please could you tell me which figure do we go by to work out how much the property has gone up in value?

The open market figure of 425,000 on the probate paperwork or his mortgage 365,000 figure?

Thank you

Hi there,

I am in a very similar situation to yours right now with our mother having left a flat and a house at 50% on her will to my sister and myself both executors and beneficiaries, except my sister has not done any work in the house where she lives which I own at 50% and has stalled the inheritance process refusing to communicate and cooperate.

I have been asking her to pay me 50% rent since probate has been granted in April 2022 and no reply to this, I'll be following this thread and other similar ones, as I just found out if I put in an order to force sale the house and the flat part of the inheritance it costs £ 20.000 plus VAT up to £ 35.000 plus VAT if my sister decides to fight me all the way but will have to pay all costs if she is found to be unreasonable in court, I'm in a learning curve right now, just seen that in other countries if an executor/beneficiary on a will refuses to move forward and sign documents to finalise an inheritance the notary will ask them if they want to sign or not and then the notary can sign the papers without having to go to court, trying to find out more about everything...

[ricciarellod]

Your brother should have been paying you 50% of the market rental value from the date probate granted, the time when the house could have been let.
You should work that out, probably comes to £ks

Hi PEZZA54,

I am in a very similar situation SHERBETMELON right now, my sister lives in a house left in inheritance by our mother who passed away, we are both executors and beneficiaries on our mother's will, probate has been granted in April 2022, I sent a couple of letters to my sister and her solicitor and also the solicitor dealing with the inheritance via Royal Mail Signed for service asking my sister pays me 50% rent for where she lives since date probate was granted and she sent me back the letter unopened, I will send a couple more with the same method within the next couple of months, would you know how does one go about in this case/my sister ignoring my request to pay rent, is there somewhere where I can report her?

Also my sister refuses me entry to the property and obviously not that we are joint owners at 50% I am also responsible for this house.

My wife and myself live in a flat also part of the inheritance assets, it rents for half of what the house rents if my sister wants to ask me to pay rent, we're thinking of moving out of this flat and putting it up for rent, if my sister refuses this is she liable to pay me 50% of lost rent for the flat as well?

I don't think my sister has a lot of money, if she is ordered to pay me rent and doesn't have the money will it be considered something similar to being bankrupt and I will never see any rent coming from her? Because the final solution would be to sell the flat where we live and the house where she lives, this way she will have money to pay me rent, though I think if I apply to force sale both properties both my sister and myself will not be the legal owners anymore and me asking to recover lost rent goes out of the window...

[atticus]

That's the thing about other countries. They do things differently there.