mother passed away, how to change name on title deeds of house

[scoobydoo1]

ive looked into ways to buy my sister out, releasing equity seems to be out as u need to be 55, unless i got that wrong, i,m not sure which is best option a loan for 40k assuming i get accepted or a mortgage which is best or is there another option out there that i havent seen? any help would be appreciated, as i dont want to sell the house if i can help it

[scoobydoo1]

Ok thank you for all your help and replies

[atticus]

So basically there's no point in me now applying for probate and then registering in my name on land registry

Nope. Quite the opposite. You are executor. You need to fulfil your duties as such.

Or you could renounce the right to take out a grant of Probate so that one of your siblings can step in.

[Pezza54]

You still have to apply for probate whatever happens to the property

If the total value of your mother's estate including the property, is over or close to £325k, you need to get the property valued

[scoobydoo1]

So basically there's no point in me now applying for probate and then registering in my name on land registry

[atticus]

The answer is simple. Either you buy your sisters out or you sell the house and divvy up the proceeds. If need be they can take you to court to force a sale, under the Trusts of Land and Appointment of Trustees Act 1996.

[scoobydoo1]

Hence I was going to apply for probate and the to register the house in my name on land registry,

But with sister wanting to sell I'm not sure if I can now with it being in dispute with her, just wondered what my options are on the will, can I do that now or does it have to be fully agreed by all 3 of us to put house in my name or do I now have to think about selling 2hich I don't want to do

[scoobydoo1]

I'm not paying rent no, house is owned in my mother's name currently, she passed away a few weeks bavk

[PallasAthena]

Are you paying rent to the Estate (or direct to your siblings)?

[PallasAthena]

Duplicated post

[scoobydoo1]

I'm 49 I'm currently saying all the bills now house is owend outright 2ith no mortgage, I have said to them both that if I die they would get equal share, or if I decide to sell at some point in the future the same would happen, they both have houses currently, it's not that I don't want to give them equal share at the moment I can't afford to give it right now,
I don't plan to remortgage to give her share due to the risk of repossion should I fail to meet monthly payments and risk not giving my other sister her share as house would be lost

[PallasAthena]

My reading scoobydoo1 is that you are now the sole Executor and Trustee and as your youngest sibling is over 20 you now have the power to sell under section 3 as you are holding it "on trust for sale". You have the power but not the duty to sell.

The Will does not appear to require you to get the consent of the other beneficiaries if you elect to sell. But please note I am not a lawyer, this is just my lay person's understanding of what the Will says, so do not rely on my interpretation.

Nevertheless in these sorts of cases it is always better to try and get the agreement of all three of you to what should happen to avoid possible legal challenges, and to avoid a breakdown of family relationships. Unfortunately disputes over Wills and legacies seems to have the ability to cause a complete and long lasting breakdown in relationships between siblings. I've seen it in my own family, siblings who lived less than a mile apart have never spoken or acknowledged each other's existence for over 25 years after a dispute about what their parents' Wills said about the family home.

I have some sympathy with your sister's point of view, the one who wants to sell. If you decide to live in it and not sell she might get nothing until you die. If you are all in your thirties that could easily be in 40+ years time - and she could pre-decease you.

Would you be paying the Estate (and so your siblings) market rent? Have you been paying rent to the Estate up to now? Who would pay for maintenance and upkeep over what could be a very long time?

I believe there is a legal route your sister could use to get a court order to sell but I'll let those who know more about it than I do coment on that ( atticus ? )

[scoobydoo1]

I don't want to sell it as I've lived there most my life

[scoobydoo1]

Abvioulsy if I decide to sell at later date I will split 3 ways, is there any point in me applying for probate now that's she dead set on wanting to sell?

[scoobydoo1]

No can't afford too