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Solicitors Letters

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  • Solicitors Letters

    I am an adult living in my mother's house. After she died (some months previously) the executor, my brother. decided to sell the house. He is a joint beneficiary.

    I would like to stay in the house until I have found somewhere to buy, but my brother has decided to appoint a solicitor to manage all aspects related to the property. I believe that I am a beneficial owner by virtue of the will.

    When the solicitor contacts me, no doubt to find out when I plan to leave, must I negotiate with him, or could I still negotiate with my brother, assuming that
    he is willing.

    What is the best way to manage this situation?

    I would like to stay in the house as long as possible.

    Probate has been granted.

    Thanks
    Tags: None

  • #2
    Re: Solicitors Letters

    I always think it's best to try to come to an arrangement with family first if you can.

    Does your brother know that you need plenty of time to move and you don't want to be hurried? Do you even want to move? If not are you in a position to' buy out' your brother?

    You currently occupy the property which should give you some protection. However is your brother likely to want you to pay him rent since you're living in a property which you say is jointly owned by him (with you)?

    Di

    Comment


    • #3
      Re: Solicitors Letters

      Originally posted by Diana M View Post
      I always think it's best to try to come to an arrangement with family first if you can.

      Does your brother know that you need plenty of time to move and you don't want to be hurried? Do you even want to move? If not are you in a position to' buy out' your brother?

      You currently occupy the property which should give you some protection. However is your brother likely to want you to pay him rent since you're living in a property which you say is jointly owned by him (with you)?

      Di
      Thank you for responding.

      He knows that I would like plenty of time, but he wants to sell the house as quickly as possible ('to get it off his back').

      I don't want to buy him out. I would prefer to move, but in the fullness of time - when I am ready. Nowhere near at the moment.

      I think that he involved a solicitor to ensure that my stay in the house would be for a short period. I have not yet received the latter, and dread to read it.

      He has not mentioned rent, and has not taken any so far (some months).

      You say that it is best to negotiate with the family, but if the solicitor has now taken over all matters pertaining to the house - according to my brother, can I still negotiate with him (brother). I would feel under pressure in such circumstances.

      Comment


      • #4
        Re: Solicitors Letters

        The Solicitor acts on behalf of your brother not the other way round talk to your brother first the solicitor would only ask him your question

        Comment


        • #5
          Re: Solicitors Letters

          Originally posted by wales01man View Post
          The Solicitor acts on behalf of your brother not the other way round talk to your brother first the solicitor would only ask him your question
          When the solicitor's letter arrives, I will read it. Do I then have the choice of responding to the letter, contacting my brother to negotiate (if appropriate), or both. I expect that neither (ignoring both) would only make the situation worse.

          If the solicitor only asks the question posed by my brother - what is the point. It is the same question? It is true that I have refused to define a date to leave because I cannot foretell the future. Therefore, if under pressure I gave a date (or even a particular month) to satisfy a solicitor it would only be a number and not analytical - hence the need for flexibility.

          PS. 'the solicitor would only ask him your question'

          Do you mean that the solicitor would only ask me my brother's question.

          Comment

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