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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mum recently died. I lived with her as her carer, and two

Resolved Question:

My mum recently died. I lived with her as her carer, and two of my three siblings want to sell the house (my home) to gain their share of the proceeds. Can they demand I move out so that the house may be sold?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Did your Mother leave a Will?
Kind Regards
AL
Customer: replied 2 years ago.

Yes. The will states that the estate will be sold and equally divided. I want to pay my siblings their share, while they want me out and the house sold.

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and what other assets are there?
Have yo always lived with your mother as her carer?
Clare
Customer: replied 2 years ago.

The value is £70-75k, and yes, I did live with mum (with my children) as her carer. There are no other assets.

Expert:  Clare replied 2 years ago.
Hi
How long had you lived with her?
Clare
Customer: replied 2 years ago.

Just over a year. She began with Vascular Dementia about three years ago, but when she got to the stage when we feared for her well being, we moved in.

Customer: replied 2 years ago.

I did reply to this question late last night.....I lived with her for just over a year.

Expert:  Clare replied 2 years ago.
Hi
Where were you living before that - and can you go back there?
Clare
Customer: replied 2 years ago.

I was in rented accommodation in another town, so can not go back.

Expert:  Clare replied 2 years ago.
Hi
Is there any reason why the property cannot be marketed while you live there?
Clare
Customer: replied 2 years ago.

No, but with my share, I could not afford to get another house, and the chance of affording a mortgage is nil on a very low salary. I could afford to pay my brothers over a period of a couple of years if they would accept the timescale. but I haven't got the saving to pay them all at once.

Expert:  Clare replied 2 years ago.
Hi
Were any promises about your future housing made when you went to live with your mother?
Clare
Customer: replied 2 years ago.

Not really; though we did talk about keeping the house in the family (buying my siblings out) nothing was made official either verbally or in writing.

Expert:  Clare replied 2 years ago.
Hi
Has probate been obtained?
Clare
Customer: replied 2 years ago.

What does that mean? (forgive my ignorance!)

Expert:  Clare replied 2 years ago.
Hi
No worries
Who are named as Executors in the Will?
Clare
Customer: replied 2 years ago.

My sister only (who is actually on my side in all this).

Expert:  Clare replied 2 years ago.
Hi
I am afraid that as Executor your sister is under a personal duty to ensure that the property is sold for the best possible price as swiftly as possible.
If you had sold a house to move to care for your mother then you could challenge the Will on the basis that it has not made proper provision for you.
You could still try and make such a claim - but the case is not a strong one and you could face legal costs.
Otherwise I am sorry - yes in the long term your sister as executor will have to transfer the property into your joint names and then your brothers will be able to apply to the court for an order forcing you to leave.
however this may take some time
I hope that this is of assistance - please ask if you need further assistance
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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