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

[scoobydoo1]

my mother passed away a couple of weeks ago she owned the house (no joint owners) i lived with her in same house currently valued around £140k (so no inheritence tax to be paid), ive read i need a probate before i can even attempt to change the name on the title deeds , is that true and what do i need to do first, probate? ive got a quote with local solicitors which they gave me was £1350 + vat plus probate £300, (ive looked online to do myself and its £300, which is the best way to go, do it myself or use solicitor at a huge cost,

2nd question is how do i change the name on title deeds from my mothers name to mine? also what do i need and how much are the costs to register on the land registry in mine name and what if any forms do i need to fill in, i,m assuming if i went through solicitors this will be an extra cost to the above cost mentioned for probate solicitor route

and last question is there anything i need to do to change my mothers name to into mine? i currently have the will and i,m named the only executor/beneficiary

sorry for the long winded questions, i,m not clued up on these things about switching/changing names over to mine on the house

thanks

[scoobydoo1]

Is there a neutral party (eg a respected older relative) who could explain or meditate?

There's an overlap between what is technically allowed in the law, and what's equitable... But the situation here is awkward if both sides feel they're being treated unfairly.

Your sister may have financial or other difficulties you're not aware of, that may mean the proceeds of sale would be a lifeline.

But you buying her share out could've been quicker, could've cost less, and could've given her more money.
And it's not your fault that probate takes time and sale isn't possible until that process has completed. It's the law.

Forcing the sale may turn out to be her shooting herself in the foot in other unexpected ways.

I know of a pressure sale ending up in a modern method of auction with a low starting bid and a property valued over £130k has had several bids below £100k but nobody going any higher... And the neighbours are already angry because if it sells at that price, other properties in the street could be at risk of undervaluation. If you can see a house in a street sold for £95k, you wouldn't want to pay £120k for a property in the exact same condition.

So, two questions. First, what's the urgency, and second, how many bridges is your sister willing to burn, just to get her cut?

she as given me till xmas, to sell the house or she will contact solicitor to force a sale, her boyfriend as also sent me threating txts saying he will send someone rnd to teach me a lesson so to speak, before my mums death she was perfectly fine, but once she found out that she was in the will she completely changed its like i dont know her anymore, and to be fair after everything and the threats of violence i dont really want to anymore.

[atticus]

can she do this even tho i,m doing all i,m asked on the will, what are her chances she will succed in her threat?

Reminder:

Yes, she can seek an order requiring the property to be sold, but it will not be that quick, and a judge may not specify auction. Presumably when the time comes you will take advice from reputable agents about the best way to market the property to obtain the best price within a reasonable period. You will be able to show that advice to the judge.

Will the woman really spend a few grand on lawyers?

[pc52straw]

Is there a neutral party (eg a respected older relative) who could explain or meditate?

There's an overlap between what is technically allowed in the law, and what's equitable... But the situation here is awkward if both sides feel they're being treated unfairly.

Your sister may have financial or other difficulties you're not aware of, that may mean the proceeds of sale would be a lifeline.

But you buying her share out could've been quicker, could've cost less, and could've given her more money.
And it's not your fault that probate takes time and sale isn't possible until that process has completed. It's the law.

Forcing the sale may turn out to be her shooting herself in the foot in other unexpected ways.

I know of a pressure sale ending up in a modern method of auction with a low starting bid and a property valued over £130k has had several bids below £100k but nobody going any higher... And the neighbours are already angry because if it sells at that price, other properties in the street could be at risk of undervaluation. If you can see a house in a street sold for £95k, you wouldn't want to pay £120k for a property in the exact same condition.

So, two questions. First, what's the urgency, and second, how many bridges is your sister willing to burn, just to get her cut?

[scoobydoo1]

well its been nearly 13 weeks on 27th of november, i,m looking to reduce the asking price to £145k from £160k

my sister as now said if house isnt sold by xmas she will ask a solicitor to force a sale of the house (i,m guessing by auction)

can she do this even tho i,m doing all i,m asked on the will, what are her chances she will succed in her threat?

any opinions would be welcome, talk about stress!

[scoobydoo1]

hi all , just a quick update on things, the house is now on the market for sale, at £160k, as that was one of the best valuations i had with the 3 estate agents, so its been on for sale for a month now, no offers as of yet, but my sister, who as an equal share in house is now demanding i reduce the asking price to 145k, does she have a right to ask this after only being on market for a month?
just to recap i,m the only executor ,all i ever get from her is reduce the price or i will get a solicitor to force a sale of the house, can she do this, i mean i,m doing my bit i just dont want to reduce the price yet just so that she gets her share of the money from the sale, if i get no offers in lets say another month then i will prob reduce it to 150k and see how it goes from there,

shes just intrested in getting her share as soon as possible

[atticus]

Yes, she can seek an order requiring the property to be sold, but it will not be that quick, and a judge may not specify auction. Presumably when the time comes you will take advice from reputable agents about the best way to market the property to obtain the best price within a reasonable period. You will be able to show that advice to the judge.

Will the woman really spend a few grand on lawyers?

[scoobydoo1]

i,m trying not too, but talk about stress, as if i aint got enough to worry about

my point is can she force me into auctioning the house even tho when time comes (probate) and i put house on market (if i cant buy her out) and its like on the market lets say a month can she do anything to force me to auction the house, even tho i,m the sole exector of the will still?

[atticus]

She needs to be real. Don't let her push you around.

[scoobydoo1]

yeah she knows nothing can be done until probate she talking about if i cant buy her out and then put house on market and it doesnt sell within a month she will seek a solicotor to look to auction the house , can she do this if it doesnt sell in a reasonable time?

[atticus]

You might care to remind her that you are executor, that you have applied for but not yet obtained the grant of probate, and that until a grant of probate is obtained no one has legal authority to sell, so would she please stop being silly.

[scoobydoo1]

just heard back from sister despite me saying i,m looking to buy her out, she said and quote if you dont i will look to auction the house if it doesnt sell in a month,

can she do this? force me to auction the house even tho i,m trying to put the funds together to buy her out if i cant then abviously i will put house up for sale

is there a timeframe from putting house up for sale to the time she can force me to auction the house if its taking its time or it doesnt actually get any offers etc

its just starting to get a bit messy, so called sister hey lol

[atticus]

You can transfer the title to its final destination, which it appears may be you plus one sibling.

[scoobydoo1]

just applied for probate, now when it comes back and have to register on land registry, do i need to put house in my name or do i need to put it in all our names, (3 siblings) we are trying to buy one out , is it easier to just put it in my name? the 2nd sister is ok with this, the 3rd just wants her share, rather than put it in all 3 of our names, then once shes bought out id have to revisit land registry and switch it back to just mine again, ? any thoughts on the best /right way?

[atticus]

You should consult a financial/mortgage adviser on those questions.