Selling family home
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Re: Not paying
Originally posted by tentmadam View PostThank you,!Debt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
~~~~~
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Re: Not paying
Originally posted by tentmadam View PostTo 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
Sorry for your loss. It's ok to cut a long story short but mixing facts up just to explain things concisely does anything but that. So, your mother died intestate (did not have a will), which means the intestate rules apply. You say the property was left you and your sister. How is this possible if she died intestate? I assume someone had Letter of Administration done and the property eventually passed to you and your sister. You allude your sister has also died now, ref 'she has now died.' I am assuming your sister had made a Will for her interest in the original property to pass to her successors, ie children. You say that there is a sitting tenant, by that I assume someone is renting the same property. Is the tenant a relative or not? You also say that your late sister's ex is on the scene and her children are over-valuing the property? Buy 'us out' ...us being you and your late sister's children? What interest does the ex have in the property?
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Re: Selling family home
As there are more than two owners I assume you are tenants in common.
There is an agreement for you to buy out their share, but no agreement over the valuation of the property.
I THINK (!) you could probably obtain a court order that a fully independent valuation take place, and the sale then proceed.
I you continue to pay the costs of maintaining te property this will be taken into account when distributing the net equity after the sale has been completed.
Obviously a lot cheaper if you could persuade the others to be amenable to reason!
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Re: Not paying
Originally posted by Openlaw15 View PostHello Tentmadam
Sorry for your loss. It's ok to cut a long story short but mixing facts up just to explain things concisely does anything but that. So, your mother died intestate (did not have a will), which means the intestate rules apply. You say the property was left you and your sister. How is this possible if she died intestate? I assume someone had Letter of Administration done and the property eventually passed to you and your sister. You allude your sister has also died now, ref 'she has now died.' I am assuming your sister had made a Will for her interest in the original property to pass to her successors, ie children. You say that there is a sitting tenant, by that I assume someone is renting the same property. Is the tenant a relative or not? You also say that your late sister's ex is on the scene and her children are over-valuing the property? Buy 'us out' ...us being you and your late sister's children? What interest does the ex have in the property?
- OPs mum died (2008?) and the house was left to the OP and her sister.
- OPs sister wouldn't sell the house to the OP (who was willing to buy as OPs parents are buried there).
- OP and her husband pay for repairs on the house, electric, water, CT, tend the graves etc...
- OPs sister died (2014) with no will. OP not reimbursed for the money spent on the upkeep of the house out of the estate. The sister's ex husband and children refuse to sell to the OP (long running grudge?).
- OPs sisters son gains Administration rights to OPs sisters estate. Bills (reimbursement of money OP spent) are left unpaid.
- OPs sisters family want to sell the house. OP believes they have had it overvalued (there is a sitting tenant (farmer) in the house, parents graves in the garden etc...) and they are wanting £60,000 more than what the OP believes would be the value of their half of the property.
- OPs sisters ex-husband is assisting his children in administering the sisters estate.
I think I've got that right :noidea:Attached FilesDebt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
~~~~~
Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.
I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
But please include a link to your thread so I know who you are.
Specialist advice can be sought via our sister site JustBeagle
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Re: Not paying
Independent valuations x 3 should help sort out the value issue.#staysafestayhome
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Re: Not paying
Originally posted by Kati View PostThis thread has been running since Nov 2014 OL ... I've put all the details in the attachment for you but here's the relevant bits
- OPs mum died (2008?) and the house was left to the OP and her sister.
- OPs sister wouldn't sell the house to the OP (who was willing to buy as OPs parents are buried there).
- OP and her husband pay for repairs on the house, electric, water, CT, tend the graves etc...
- OPs sister died (2014) with no will. OP not reimbursed for the money spent on the upkeep of the house out of the estate. The sister's ex husband and children refuse to sell to the OP (long running grudge?).
- OPs sisters son gains Administration rights to OPs sisters estate. Bills (reimbursement of money OP spent) are left unpaid.
- OPs sisters family want to sell the house. OP believes they have had it overvalued (there is a sitting tenant (farmer) in the house, parents graves in the garden etc...) and they are wanting £60,000 more than what the OP believes would be the value of their half of the property.
- OPs sisters ex-husband is assisting his children in administering the sisters estate.
I think I've got that right :noidea:
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Re: Not paying
Originally posted by Openlaw15 View PostMuch appreciated Kati, very helpful of you.Debt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
~~~~~
Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.
I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
But please include a link to your thread so I know who you are.
Specialist advice can be sought via our sister site JustBeagle
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