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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34142
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sister and myself are executors of my father's estate each

Resolved Question:

My sister and myself are executors of my father's estate each have half shares in the property. Probate has been granted. For the last 3 year's it's been , my primary residence. I wish to purchase my sisters share of the house .although my sister has not resided at my dad's house in the last 30 years she want,s it sold but not to me.
How do I stand if I decide to go through the courts
Submitted: 2 years ago.
Category: Law
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.
When did your father die?
Clare
Customer: replied 2 years ago.

27 Oct 2014

Customer: replied 2 years ago.

27 Oct 201 , pro b ate was granted 22nd march 2015

Expert:  Clare replied 2 years ago.
Hi
What financial contribution did you make to the property in the three years you lived there?
Clare
Customer: replied 2 years ago.

I was my father's umpaid carer, I shared in food bills helped with general bills, and helped with the general upkeep of house, more in man hours rather than capital (, my farther was registered blind, and had pulmanry lung desease)

Expert:  Clare replied 2 years ago.
Hi Russell
Is there any reason for your sister's approach other than some sort of over grown sibling jealousy?
Clare
Customer: replied 2 years ago.

As far as I know there is not, I'm happy to pay her half the value of the house

Expert:  Clare replied 2 years ago.
Hi
Last point - are you able/willing to negotiate with her directly?
Clare
Customer: replied 2 years ago.

Yes of course, I just would like to know what I can do if she won't sell

Expert:  Clare replied 2 years ago.
Hi
There are two different lines of argument that you can use here.
The first is that as Executors you each owe a duty to the other to minimise the expenses to the estate and to maximise the return from the assets.
If you purchase the property from the estate there will be no Estate Agents fees; no delay, and minimal legal costs.
Accordingly you as a beneficiary would inherit a lesser amount - and could theoretically make a claim against her as executor for that loss.
The second is that as joint owners of the property then yes your sister can indeed insist that the property is marketed and sold - but what she cannot do is stop the property from being sold to you.
This would mean that if she insists on marketing the property you would still end up the owner but the costs will have been higher.
I hope that this is of assistance - please ask if you need further details
Clare
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