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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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5 years ago my father left 50% of his house to me and my sister.

Resolved Question:

5 years ago my father left 50% of his house to me and my sister. His widow owns 50%. It was understood that the survivor would sell the property and we have a letter of wishes from my father asking us to give his widow sufficient time to find somewhere and she has now lived there for 5 years. She has dementia and her son says she will need to go into residential care soon. He wants to rent the house to pay for her care and give us 50% of the income. We have advised him several times that we do not wish it to be rented but expect it to be sold when she moves out. Apparently his mother is refusing to sell the house, although I am sure her son has power of attorney. He has offered to buy us out but we believe the best way to get the best price is to put it on the open market and he can of course make an offer then. It is clear that both of them are only looking at what is best for them and are not taking our interests into account al all. Can we force the house to be sold so we can get our inheritance? Thanks. *****
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.

I note that your Father left a Letter of Wishes explaining he would like his wife to be given sufficient time to find somewhere else and 5 years is more than sufficient time!You should perhaps just double check the Will to make sure there is no provision stating that the house should not be sold for however long your step mother wishes to stay there.

Looking ahead, if you wish to sell the property and the son wants to rent it/buy you out, then the following scenarios can happen-

1. He buys you out of the half share. This would save on Estate Agents fees, and the value paid should be calculated by getting 3 valuations and picking the middle valuation.

2. You are entitled to apply to Court to obtain an Order for sale on the basis that you own half of the property- ie you can demand that the house be sold.

3. You agree for a Sale to take place.

Therefore, you could force a sale, although it would mean you having to go to Court.

Hopefully, the mere threat of such action will hopefully make the son see sense.

I hope this helps you and sets out the legal position.

Kind Regards

Al

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