Probate and property distribution

[betty1234]

Hi i am new here, so please correct me if i am not to sure of rules.
My sister whom is now 60yrs old has never left my parents home. My parents have now did intestate, and the property has been left in probate to 4 siblings equal. My sister cant afford to buy anyone out, does she have any rights to remain living in the property because of the length of time she has lived there.

Many thanks.

[des8]

Re: Probate and property distribution

Hi and welcome.
Sorry to hear of your loss.

As there was no will, presumably no special provision was made for your sister and probably the bulk of the estate is represented by the house.
If however there are other substantial assets they could be used to distribute the estate equitably.

Basically she has no particular right to retain the house, but would it not be possible for her siblings to allow her to rent their share of the property, or possibly purchase it by means of a private mortgage?
As an outsider it seems a shame she should have to move from the family home after living there all her life (?) and possibly caring for your parents(?).
On the other hand it might be considered unreasonable for her to have more than her fair share of the estate (and I am not suggesting that she is asking for this)

She might just be able to make a claim to continue living there if she was financially dependent on your parents. Financial dependency could include living rent free. If this is the case I would recommend seeking professional legal advice.

Whatever is decided I do hope it doesn't cause a breakdown in family relationships.

[betty1234]

Re: Probate and property distribution

Hi Des8, thank you for your prompt reply. Unfortunately the 3 siblings are in no position to get mortgage on property. None of us want her to have to leave, but it creates problems because my sister doesn't earn enough to pay any rent or mortgage. My brother also is disabled and claims means tested benefits, so we are not sure how it will affect him if his name is in probate but not on house deeds. Its an awful, awful situation. We are such a close family and within a matter of months its blown us apart, because we really dont know how to resolve it. Thankyou for your post.

[des8]

Re: Probate and property distribution

What a dreadful situation, I really feel for you all.
However as a close caring family there has to be some way forward.
I can only suggest that you obtain professional assistance, perhaps a mediation service.
Just don't allow it to destroy you all.
Some others here might have alternative suggestions.
I wish you well

[betty1234]

Re: Probate and property distribution

Thankyou Des8, i really hope there is a solution.