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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1389
Experience:  Senior Partner at Berkson Wallace
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My mother died recently and left her house and estate to me

Customer Question

My mother died recently and left her house and estate to me my brother and sister,my sister and I decided to sell the house to my sisters daughter and my sister says as she has nothing to leave her daughter she would give up her share of the house so me and my brother would split the money,this would mean my niece would get the house at two thirds of its value,it was valued at £100,000 but realistically we would be lucky to get £80,000 because it is in need of modernisation.Now I'm happy to get 25,000-30,000 but my brother will not go for this he wants as much as he can get to buy his own house,so I suggested if that's the case then he would have to sell the house himself and the money would be shared three ways,but he won't do that either saying we are using emotional blackmail.please can you give me some advice as what to do because me and my sister don't want to go through the process of selling the house on the market but my brother won't do it neither.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information forts

Who are named as Executors of the Will?

Customer: replied 1 year ago.
The executors are me my brother and sister that is all .
Expert:  Clare replied 1 year ago.

Have you already obtained probate - and do you have three sale valuations?

Customer: replied 1 year ago.
we have and three valuations all around £100,000
Customer: replied 1 year ago.
obtained probate
Expert:  Clare replied 1 year ago.

If they are all at that figure why do you believe that you would not get that amount?

Customer: replied 1 year ago.
because the house has had nothing done to it for about 30 years needs new roof,bathroom,kitchen and plastering in many of the rooms.
Customer: replied 1 year ago.
I don't want to go through the process of selling when someone who knows they have to spend a bit of money on it then they are going to try and get it for as low as they can in which case my brother will never get as much as he can,and he won't sell the house he just wants the money and not to do anything for it but doesn't realise that our niece will buy it for a reasonable price in my eyes anyway.
Expert:  Clare replied 1 year ago.

Did the valuations that you got not take account of the condition?

Customer: replied 1 year ago.
Probably but whoever views it will not pay that much for it ,I certainly wouldn't and the house next door which is in a lot better condition went for £80,000
Expert:  Clare replied 1 year ago.

Have you spoken to the agents about this?