Hi, I am almost near the end of a long intestate probate of my late husband. It has now been agreed between me and two other beneficiaries, my step sons that I keep the house I live in as my share of inheritance but pay the difference to make up the cash needed for them to get their share of cash without selling the property to release the funds. I may have to pay a difference of around 30k. My solicitor has said I may have to pay fees for buying the extra amount that makes up the difference. The solicitors conveyancing team will deal with it. Why do I have to pay extra when the 3 of us are beneficiaries. I would be a first time buyer, there is no mortgage. It was just my husband's name on the house deeds. He left no will. The house is valued at 640k. But I would be buying only 30k worth of so. What do you think I could have to pay in fees etc. thanks
Keeping house rather than selling for share of inheritance
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I think I may know the answer but I'm not 100% sure
Under the rules of intestacy (your husband didn't have a will), you as his wife are entitled to the first £270k and half of the remainder of the estate. His sons receive 25% each of the remainder.
The value of the house (£640K) exceeds £270k plus 50% of the remainder, by about £30k, meaning that there is not enough money in the estate to pay the boys their inheritance.
You have £30k available to pay the boys
The solicitor must draft a deed of variation to the rules of intestacy, stating that the boys will receive £15k less each than their entitlement under the rules. All 3 beneficiaries need to sign this deed.
The fees may be for drafting the deed.
All 3 beneficiaries have financially benefitted from the estate not incurring estate agent and conveyancing fees, although the solicitor will charge for assenting the property to yourselfLast edited by Pezza54; 8th September 2024, 12:55:PM.
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If your step sons are worried that you may not pay them their £15k after they have signed the deed, why not meet and after they have signed the document, you could transfer the money via internet banking. That way there is no need to involve the solicitor with the £30k
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