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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Our father passed away last February. Im one of 3 sisters,

Customer Question

Our father passed away last February. I'm one of 3 sisters, and my eldest sister has moved into our fathers property, we agreed as we thought it a good idea to keep the property safe.she has never paid any rent, the property has no mortgage. Our father did not leave a will, but after going to probate, the house automatically gets shared out equally on the sale of the house. During this time our sister has informed us that she doesn't want to leave.. What rights does she have and also can we get her out of the property..? Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.

Clare :

Hi Thank you for your question.

Clare :

My name is Clare and I will do my best to help you but I need some further information first.

Clare :

Which of you has actually applied for Letters of Administration?

Clare :

How much is the property worth?

JACUSTOMER-42j0ypu5- : Only my name. The house is worth £140.000. Thank you . Do you need any more information.
JACUSTOMER-42j0ypu5- : Finish
Clare :

That is a shame but not a problem.

Clare :

I assume that there was no written agreement set up when she moved in?

JACUSTOMER-42j0ypu5- :

Sorry did not mean to finish our chat would like to have a response. Thank you

JACUSTOMER-42j0ypu5- :

No, no written agreement. We did it to help her, and now it's back fired on us!

Clare :

no worries

Clare :

What has she been paying?

JACUSTOMER-42j0ypu5- :

She has been paying the utilily bills, but our Father had al little bit of money left and that's covered the house insurance.

JACUSTOMER-42j0ypu5- :

Sorry to answer your question properly, I myself applied for letters of administration.

Clare :

No That's fine

Clare :

May I ask what your solicitor has advised - I see they sent a ltter

JACUSTOMER-42j0ypu5- :

Firstly he advised that it would be in her Brest interest to appoint a solicitor

Clare :

ok - but nothing you can do to force her

Clare :

what did he say YOUR options were?

JACUSTOMER-42j0ypu5- :

Sorry not mean t to send That just then! He advised her to get a solicitor, although there is no sign of that. Also if things could not be sorted out then he explained to her and us that she has the rights of any lodger,, that we can give her 28 days notice to leave. As the solicitor has retired now not sure if this is correct! But it's very frustrating as she won't respond back.

JACUSTOMER-42j0ypu5- :

Will it still be ok to get advice back from you. Much appreciation.

JACUSTOMER-42j0ypu5- :

Is it still possible to seek advice from you this is new to me so not sure how this works. I'm sure you are very busy, so look forward hearing from you.

Expert:  Clare replied 3 years ago.
Hi
I think we will both find this format slightly easier.
He was correct - you can indeed give her 28 days notice and at the end of that time simply change the locks - she has no more right to stay there than that.
If she wishes to get a mortgage and buy you and your other sibling out then fair enough - but she needs to discuss that with you and negotiate a price.
You do not need a solicitor to write the notice - although that could assist
The costs of his will be deducted from the estate
I hope that this is of assistance - please ask if you need further details
Clare
Expert:  Clare replied 3 years ago.
Hi
Sadly the only contact we are allowed is via this forum - but I will assist as much as I can
Clare
Customer: replied 3 years ago.

Thank you very much Clare, I think the problem we have is not getting any information back from her, so may be this is the path we will have to take. Again much appreciation.
Expert:  Clare replied 3 years ago.
Hi
Sadly I suspect that she is trading on your relationship and assuming that you will not do anything - horrid though it may be I am afraid that you have to show her that this is not the case
Clare
Customer: replied 3 years ago.
Yes I agree.think we do need to let her know that we are serious. Thanks again for your advice.
Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Clare

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