Selling family home

[tentmadam]

Re: After letters of administration

Hi,
Register you interest in the estate by sending a Formal Claim for and proof of the debt. Send to the solicitor using signed for post.
Is there property to be disposed of?
I hope the debt is documented otherwise there will be problems
All priority debts must be paid before distributing the balance of the estate.

nem

Copies of bills were sent direct to solicitor in the first instance when we finally located them .Yes there is a property which I own half of in a tenants in common set up hence the bills.We inherited the house when our mother died(5 years ago).Then I was left with everything,work, bills .My husband and I have done so much labour around the house also we don't live local.Cleaning mowing obviously with no receipts because we have done it ourselves for 5 years.I did send the solicitor a copy of an email she sent me stating that she hadn't visited the house in 2 years but that will stand for nothing?

[tentmadam]

Ignoring bills

My sister died recently owing myself quite alot of money(we inherited a house together).My family have paid the rates,electricity bills and repairs to the house .We were instructed to send copies of all bills to the solicitor.My sisters family are now ignoring the bills.Can they do this?They have obtained letters of administration and have approached us about selling their part of the house at their price to us.Which we are going to challenge after having our own survey and valuations done.Help please.

[des8]

Re: Ignoring bills

The cost of maintaining the assets of the estate should be met by the estate until it is distributed to the beneficiaries.
From past posts I remember you were tenant in common with the deceased, whose share was to be passed to another under intestacy rules. If that share was passed on the new owner is liable for their share of the maintenance costs.
As the other side seem unwilling to part with cash, can you not use it as a lever when negotiating purchase price of property.
IMO they, in practice, have little chance of selling their share of the house to anyone other than you.

[tentmadam]

Re: Ignoring bills

The cost of maintaining the assets of the estate should be met by the estate until it is distributed to the beneficiaries.
From past posts I remember you were tenant in common with the deceased, whose share was to be passed to another under intestacy rules. If that share was passed on the new owner is liable for their share of the maintenance costs.
As the other side seem unwilling to part with cash, can you not use it as a lever when negotiating purchase price of property.
IMO they, in practice, have little chance of selling their share of the house to anyone other than you.

Thank you once again for your help ,it is much appreciated!!

[tentmadam]

Valuation difference

This story runs and runs.To some up the latest problem.My sister shared the ownership of a property my mother left to us .She never maintained the property or paid the bills since our 5 years of ownership.She has now died.Her half has been left to her children.They want to sell us their half but have had the valuation of the property greatly inflated.While I have told the estate agents we used that my parents are buried there and that there is a sitting tenant farmer on the land.Their solicitor has said that is no matter and shouldn't come into the valuation.I don't feel this is right as who ever end up with the property will have to take this into account .My nephews and niece still haven't paid any bills and their solicitor doesn't seem to be encouraging them to do so despite being sent copies of them.Any advice please.

[MissFM]

Re: Valuation difference

Who is administering the Estate?

You could prepare accounts showing what is owing to the estate from your sister, nephews and niece over the years, to be offset against the children's share of the final distribution.

As regards valuation - perhaps two or three independent valuers and take the average? A sitting tenant (depending on the security of his tenancy) and human remains would make a difference to overall valuation IMO.

Calling [MENTION=39710]des8[/MENTION]! x

[des8]

Re: Valuation difference

Hi again and sorry to see your problems continue.

Besides the intransigence of your nephew you are now battling a solicitor, who is fully aware that an estate is an open purse for him.
Obviously the presence of a sitting tenant affects the valuation, and the valuation needs to be carried out by a Chartered Surveyor, certainly not an estate agent or surveyor.
Here's a link describing the different types and ways of valuing a property http://www.houseprice.org.uk/article...r-home-buyers/

I know you have presented bills etc to your nephew. As Miss FM suggests do produce a proper accounting.
Then send to the solicitor reminding him that the administrator has to maintain the estate and you expect the estate to meet your expenditure in the same manner as it would if the estate employed tradesmen.
Failure to meet your reasonable costs may result in you initiating court action against the estate, which will of course result in diminishing returns for all concerned, but you cannot continue indefinitely subsidising the estate.

I would warn however that the scenario you paint is one where the solicitor retains a substantial portion of the estate to cover his "expenses".
.

[tentmadam]

Re: Valuation difference

Thank you once again,sorry ,it was a Chartered Surveyor with a very good reputation that did the report and we prepared a very detailed but to the point set of accounts,both sides got estate agents in.They will only except theirs because they failed to mention graves and sitting tenant (they say it shouldn't be mentioned and taken into account).Their solicitor has suggested negotiating around a table which I am happy to do but in all correspondence they just keep quoting highest valuation .So I don't see how that's going to work.We have even said that if we go by CS valuation we would be happy, if we sell the property in the next 10 years we will give them 50% of net profit made.Which their solicitor even said it was a more than generous offer.

[des8]

Re: Valuation difference

To be clear, are you saying a valuation and report was carried out by a Chartered surveyor, and both sides then obtained a valuation from their own estate agents, but your nephew only accepts the valuation given by his appointed estate agent ?

You can always go to the meeting, but if you can't come to an agreement ............
Who will be chairing the meeting? his solicitor or an independent mediator?
Whilst an independent will have to be paid, so will the solicitor be charging the estate for his time

Their solicitor does seem to be reasonable, in that he is aiming for dispute resolution other than court, and agrees your offer is more than reasonable,
but I would, in your position, prefer an independent mediator.

[MissFM]

Re: Valuation difference

Another possible *fair* way forward would be to market the property with you having the option to match the highest genuine offer. Obviously, you then run the risk of not being able to afford it and then the property would have to be sold.

It's extremely difficult to put a true valuation on a property that has no real comparables, market value being what people are willing to pay.

But your offer to buy them out with an uplift clause does seem fair.

[tentmadam]

Re: Valuation difference

Thank you once again.The solicitor has offered us a room at the solicitors.She has offered to sit in on the discussion and said I can bring a solicitor.Something I am very reluctant to do because I plan on paying out as little as possible on something which seems ridiculous .It was not their actual solicitor who said it was fair but her boss when we delivered by hand one of the numerous replies to correspondence.They have been sending solicitors letters to us since January.

[des8]

Re: Valuation difference

"They have been sending solicitors letters to us since January."

Do you think they appreciate how much this will be costing the estate?

IMO you do need the help of an independent third party to come to an agreement.
Would your nephew not be amenable to the use of a mediator?

[tentmadam]

Re: Valuation difference

"They have been sending solicitors letters to us since January."

Do you think they appreciate how much this will be costing the estate?

IMO you do need the help of an independent third party to come to an agreement.
Would your nephew not be amenable to the use of a mediator?

TO tell you the truth I haven't even thought of a mediator and nobody has mentioned one before.I have yet to reply to their last letter so this may be the approach to take.Thank you so much for your help once again.

[tentmadam]

Not paying

To cut a very long story short my mum died(intestate)) her home was left to my siser and I . She would't sell out to me but she wouldn't pay bills, maintain property.She has now died her children have had home valued at way over actual value by not declaring a few aspects at the house i.e. sitting tenant on the land.Parents buried at the house!Their dad (who my sister had divorced) offered to be an unbiased go between which I was happy with.Turns out he is a very biased go between! He has now told us they have had enough, want to buy us out and will not settle bills until we decide to sell.We had the place looked at by a surveyor because the house has been in the family since the 50's and have offered them half the value but they want £60,000 more!Their plans are to do up and sell. Ours is to keep it in the family and retire there.We delivered a letter to their solicitors(they have kept on the one who did their mum's probate ) we are not using one as we thought they were family! giving them 28 days or we will take court action but don't know if this best /legal way.Any ideas gratefully received.Thank you

[nemesis45]

Re: Not paying

To cut a very long story short my mum died(intestate)) her home was left to my siser and I . She would't sell out to me but she wouldn't pay bills, maintain property.She has now died her children have had home valued at way over actual value by not declaring a few aspects at the house i.e. sitting tenant on the land.Parents buried at the house!Their dad (who my sister had divorced) offered to be an unbiased go between which I was happy with.Turns out he is a very biased go between! He has now told us they have had enough, want to buy us out and will not settle bills until we decide to sell.We had the place looked at by a surveyor because the house has been in the family since the 50's and have offered them half the value but they want £60,000 more!Their plans are to do up and sell. Ours is to keep it in the family and retire there.We delivered a letter to their solicitors(they have kept on the one who did their mum's probate ) we are not using one as we thought they were family! giving them 28 days or we will take court action but don't know if this best /legal way.Any ideas gratefully received.Thank you

Hi I see you have already posted on another thread, for continuity I 'll ask for the threads to be merged.

nem,
[MENTION=49370]Kati[/MENTION] can you assist please.:tinysmile_twink_t2: nemxx