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Selling family home

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  • Selling family home

    I will try and keep this brief.My mother died 6 years ago without a will.My sister and I inherited a house all paperwork done thru a solicitor.We told the solicitor that she didn't have much jewellery but as time went on we found quite a bit my sister took home for "safekeeping" never for it to be seen again.In the six years since her death my husband and I have maintained the property(it is not in particularly good repair),in the last 4 years paid all bills.Travelling over 200 miles to the property every 6 weeks as we love it and it has been in the family for over 6o years We are not in the position to live in it at the moment.Even replacing a ceiling that fell in and a roof without my sister/her family contributing she lived locally and knew it was happening.My sister has now died without a will I get the impression that her children are going to push us for every penny they can get and I am worried we will have to sell .What is it worse is that my parents are buried at the house and no one except my side of the family have ever tended the graves I will have to have them exhumed if we have to sell as I couldn't leave them behind.
    Tags: None

  • #2
    Re: Selling family home

    Not a nice situation. I hope that you and your husband have kept a copy of all the outgoings for the house, not forgetting your travel costs etc. You can then ask the heirs to make payment towards this and also add in half the estimated value of the jewellery that you will want back as well.

    I think you will probably have to buy them out but work to reduce the amount you will have to pay. You need to get the house valued again, on a probate basis.

    Comment


    • #3
      Re: Selling family home

      Thank you so much for that I hadn't actually thought of petrol money.I am hoping that one of them will see reason and have some emotions about their grandparents and perhaps even share the property .

      Comment


      • #4
        How to find solicitor dealing with probate?

        My sister died this year owing myself alot of money .Her family are refusing to tell us which solicitor is dealing with the probate.She did not leave a will and there is a lot of complications with her estate.Including the fact that she owns a house with myself (inherited)which her children we believe are trying to price us out of .
        How do I find out ?we have asked but they conveniently forget to get back to us.Any ideas?

        Comment


        • #5
          Re: How to find solicitor dealing with probate?

          If you believe there is a serious attempt by the personal representatives of your sister to settle her estate incorrectly you could, if probate has not yet been granted, file a probate caveat.
          To find if probate has been granted check here: https://www.gov.uk/search-will-probate

          If you are part owner of your sister's house (presumably that ownership is registered) her family will not be able to dispose of it without you agreement.

          Depending on how much is at stake you might want to employ a solicitor specializing in contentious probate. However they are very expensive and can soon eat up the value of the estate.

          Comment


          • #6
            Re: How to find solicitor dealing with probate?

            Thank you for this,I have already checked and it hasn't gone to probate yet.

            Comment


            • #7
              Re: How to find solicitor dealing with probate?

              Took the cheap route and was successful . Contacted 3 solicitors and one was dealing.Probate was just about to go in.They have contacted me(and family) about debts but wouldn't it have been obvious to the solicitor that if we jointly owned something there could possibly be unpaid bills ?. Family had kept quiet except now for a ranting email to me about everything but paying the bills.
              Last edited by Amethyst; 14th January 2015, 08:53:AM.

              Comment


              • #8
                Re: How to find solicitor dealing with probate?

                Keep communication Calm., Concise and Correct, a "Rant" will not help your situation!
                The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                If you receive messages from anyone offering advice for a fee please report it to the site team.


                Animo et fide.

                Comment


                • #9
                  Re: How to find solicitor dealing with probate?

                  Originally posted by nemesis45 View Post
                  Keep communication Calm., Concise and Correct, a "Rant" will not help your situation!
                  Thank you for this.Actually after the solicitor told the family what I had done I got a ranting 3 page email alot of what was not true which had been copied to the rest of the family.I was going to reply drafting a very calm email when I received a phone call.A calm discussion took place I now realise where I stand and I have sent accounts for everything I have spent just days before the probate was to be submitted without them.I was accused of putting them in a bad light with the solicitor.They said that they did not withhold information I should have asked.I think the solicitor was surprised that I had not been asked about bills before after all my sister and I jointly owned a house!.

                  Comment


                  • #10
                    First refusal

                    Another problem .My mother died 5 years ago not leaving a will so house left to my sister and I.I have paid most of bills and done all maintenance since then.My sister has now died and her children have said they are going to sell the property for as much as they can get.We have put in a claim(not invited to) for 50 per cent of bills and our time and energy.They have had it valued,we can afford to buy them out do we automatically get first refusal to buy their share?Thank you for any replies.

                    Comment


                    • #11
                      Re: First refusal

                      I'm guessing that the joint ownership you enjoyed with your sister, and now with her children, was/is as tenants in common,and there was no separate
                      joint ownership agreement.
                      If one of you wants to sell, all other joint owners must agree.
                      No joint owner can be forced to sell their share unless ordered by a court.
                      If your sister's off spring wish to sell and you don't, you are in a very strong position.
                      Is there some reason why they may not wish to sell to you?
                      Do you agree with the valuation?

                      Comment


                      • #12
                        Re: First refusal

                        [QUOTE=des8;511223]I'm guessing that the joint ownership you enjoyed with your sister, and now with her children, was/is as tenants in common,and there was no separate
                        joint ownership agreement.
                        If one of you wants to sell, all other joint owners must agree.
                        No joint owner can be forced to sell their share unless ordered by a court.
                        If your sister's off spring wish to sell and you don't, you are in a very strong position.
                        Is there some reason why they may not wish to sell to you?
                        Do you agree with the valuation?

                        Comment


                        • #13
                          Re: First refusal

                          Thank you for that,there is some land and they have mentioned they will keep some of it to build on.I want to keep it for agriculture as it always has been and is rented to a farmer at the moment at a very low rent as it is an old family friend.My parents are also buried at the property and I have said if I go they come with me.In the end they are just after the money.One of them has said (trying to worry me I think)I would sell to you but the other two might have other ideas they might want to go to auction.My sister didn't want anything to do with my mother,me,her ex husband and they are just trying to continue her grudge.

                          Comment


                          • #14
                            Re: First refusal

                            Presumably your ownership is registered with Land Registry so they are not going to be able to move forward without your agreement
                            If you are concerned your nephews/nieces may try and sell he property without your permission, you can place a restriction on your title.
                            This will stop a mortgage or sale being registered on the property without certification by a solicitor that the application was made by you. .

                            Comment


                            • #15
                              Re: First refusal

                              [QUOTE=des8;511232]Presumably your ownership is registered with Land Registry so they are not going to be able to move forward without your agreement
                              If you are concerned your nephews/nieces may try and sell he property without your permission, you can place a restriction on your title.
                              This will stop a mortgage or sale being registered on the property without certification by a solicitor that the application was made by you. .

                              Comment

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