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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Madam I wonder if you can help me. My mother

Resolved Question:

Dear Sir/Madam
I wonder if you can help me.
My mother recently passed away, leaving her estate to myself and my three sisters.
She didn't leave any savings, but she did leave us a house.
The problem is that my 3 sisters are seriously considering keeping the house to rent out to professions, or sell at a much later date when house prices may have improved. However, I want closure and would really benefit from the proceeds of a quick house sale as soon as possible.
The will says I am entitled to 25% of the estate, but what can I do if the rest of my family do not want to sell the house soon? Can I force a house sale or is there a time limit by which I can legally expect my share of the inheritance?
Thank you for any advice you can offer me
Anthony
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWho are the Executors?
Customer: replied 1 year ago.
Hello ClareSorry for late reply.
But I can tell you that one of my sisters is the executor, and she is keen to keep the house on while I am not.Anthony
Customer: replied 1 year ago.
Hello againI should also point out that there no-one held power of attorney because my mother was able to handle her own finances right to the end - not sure if this makes any difference?Anthony
Expert:  Clare replied 1 year ago.
Hi Anthony
Has Probate been obtained and does the Will make any specific reference to what should happen to the house?
Clare
Customer: replied 1 year ago.
Hi Clare
My mother only died a few days ago so probate hasn't been obtained yet, and there was no reference at all in the will as to what should happen to the house.
Expert:  Clare replied 1 year ago.
Hi
I am sorry for your loss.
It is very early days at the moment and there is a long way to go before the issue of the house will be addressed let alone resolved.
However the overview is that the Executor is under a duty to administer the Will and distribute the monies as set out in the Will.
If she and her sisters wish to retain the property then they will have to "buy you out" and give you your share of the estate.
However please be aware that the Executor has a year before interest is payable on your bequest.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
Hi ClareThank you for this information.We have discussed the others "buying me out", but because they can't afford to do this, does this mean we can 'force' them to put the house on the market for sale? My idea is to get 3 quotes from local estate agents and then request that the Executor (my sister) puts the house on the market for the average of these 3 quotes.Does this sound reasonable?
Customer: replied 1 year ago.
Sorry again, but does this also mean they would be better off doing this within 12 months otherwise I could request they pay me interest on my share?
I guess I am also worried that if the house is kept for a year or so, who pays for the electricity/gas/water/council tax until it is sold?If you could answer me these queries, I think that will tie up my enquiry, Clare. Thank you.
Expert:  Clare replied 1 year ago.
I am afraid that you cannot get valuations - you have no right to do so, and you certainly cannot dictate what the sale price will be.It is y=for your sister as Executor to obtain Probate of the Will (which will take a little time) and then to decide what is to be done with the houseIt will be her decision when the time comes as to how the estate is distributed - either by them all considering a buy to let mortgage together - or selling the house.She can also chose the selling agent and set the price - provided it is a reasonable reflection of the value.The Estate is liable for the outgoings in the mean time
Customer: replied 1 year ago.
Hi ClareWhat if she is in no hurry to sell the property? I am worried that they will just leave it for a long time. And are they allowed to rent out the house in the meantime because they are really keen to keep the house on and rent it out - it seems unfair on myself and one of my other sisters who need the money and closure on the whole affair. There must surely be a time limit by which we should receive our share of the estate?
Expert:  Clare replied 1 year ago.
As I said The executor has a year within which to deal with the Estate without criticism - and yes she can rent the property out in that time.However once the year is over if there have been no active steps to market the house then you can indeed apply to the Courts to have her replaced as Executor so that you can deal with the sale. You may also wish to remind her that as Executor she is personally liable to you to distribute the estate promptly 9well after the first year she is)
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Clare for your information and all the advice you have provided, very much appreciated.I will now complete the ratings for you.Best wishesAnthony
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well
Customer: replied 1 year ago.
Thank you Clare.

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