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who pays for transferring house ?

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  • who pays for transferring house ?

    hi everyone,

    long story short, my mum passed away in june 2024, myself and my 2 sisters were left in the will myself only as exector, i,m now in a position to buy out 1 of my sisters shares in the house,

    my question is ive paid for probate out of my own pocket already,back in july i think it was, but i'll be going to solictors soon to go and ask how much it will all cost to transfer myself and my other sister on the land registery, along with any other costs involved in me buying my other sister out of her share of the house, am i right that any costs involved in buying her out, including probate are all my sole responsibility in paying, ? by all that i mean the sister i,m buying out does she have to pay an equal share also of whatever the cost of the solictor is? and also probate split 3 ways?

    i was thinking it was all 3 of us paying equal shares of whatever the costs were to transfer the house into my sisters name, and myself, and also buying out the share of my 2nd sister? and including the probate i paid by myself, so what ever it costs in solictors fees we pay equal share to sort it all out?

    or am i wrong in thinking that

    does anyone have a rough estimate of the total costs of solictors for buying 1 of my sisters out and also getting them to transfer the deeds into mine and my other sisters name? i,m not sure if i missed anything else out that would need doing aswell

    any help or advice would be grateful

    thanks
    Tags: None

  • #2
    Cost of applying for probate is payable from your late mother's Estate. If you initially paid it yourself you should be reimbursed from Estate funds.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Contact local solicitors to explain the situation and ask for estimates of the costs involved.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment


      • #4
        so if i go ahead n get solictors to go ahead with me buying one of my sisters our does that mean whatever the final cost of solictors we all have to pay an equal share even probate (which i have already paid out of my own pocket)

        or do all the cost (solictors fees) fall on me to pay to buy her out? even probate

        as the sister i,m looking to buy out is adamant that all the costs fall on me, and she wont be paying a penny to solictors costs to buy her out even probate which i paid out of my own pocket

        Comment


        • #5
          Probate and transferring the house are separate issues.

          It's not a question of you each paying a share of probate. The cost of applying for probate is deducted from the estate before anything in the estate is distributed to any beneficiaries. You sister doesn't have the option to "refuse to pay her share of probate". You are the sole executor so reimburse yourself in full now. It doesn't need the agreement of either of your sisters for you to do that. You are legally entitled to charge the full cost of probate application to the estate. The beneficiaries opinion about that are irrelevant.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            one of my questions still remain on buying one of my sisters out,since i am the executor am i liable to pay all the solictors fees to buy her out, meaning the sister i,m buying out wont have to pay a penny? just dont see it fair i should be left with the costs of buying her out (solictors fees) i thought we would all have to pay an equal share of the costs? shes saying shes not paying a penny since i,m the one buying her out, is she right or wrong?

            also does anyone know what is involved cost wise(breakdown in costs of solictors of what they need to do) is it easier for solictor to register on land registry or would it be better for me to do that bit as it was easy when i applied for probate myself?

            i was going to let solictor get probate for me but they wanted in excess of £1000 just for probate!!, (i did it all my self just for £300, plsu 2 copies which were a few quid if i remember right)

            Comment


            • #7
              Then discuss this with your sister. Surely any fee you pay would be as buyer, and not in your capacity as executor. Check which hat you are wearing and when.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Guides and handbooks for Litigants in Person - :

              https://legalbeagles.info/forums/for...60#post1701560

              Comment

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