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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a contentious probate problem with a family member,

Resolved Question:

i have a contentious probate problem with a family member, me and my sister are joint executors of my late mums estate, i have lived in my late mums house all my life and my mum wanted to keep the house in the family. that was her last wish, i have had the house accurately valued and its worth £943,000. i want to buy out my sister since i own half the estate and i have offered a very reasonable price to my sister to buy her out.
but my sister has a very corrupt solicitor representing her and has undervalued the property to benefit my sister and me so we can pay less inheritance tax. i have spoken to her solicitor and he is so rude to me and just argues me at saying nasty things to me and even has threatened me.
saying things like he will remove me as an executor and evicting me from my family home which i didnt like. i have cooperated every step of the way and all i now want is closure of my mums estate with me buying out my sister and owning my mums estate in full, bcos that was my mums wish, and i want to honour, but my sister just is not cooperating at all, and is just making matters worse, and i dont have money to keep paying solicitors fees which if she would only cooperate we would solve this matter as quick as possible. can or will you help me to end this matter quickly.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
hi jo are you dealing with my question i sent you bcos its very important to me i need this matter solved as soon as possible.
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstIs your sister refusing to sell her half to you?
Customer: replied 1 year ago.
yes she is refusing.
Customer: replied 1 year ago.
yes claire she is refusing to sell her half and whats more claire her solicitor offered me a deal to come up with half the property value which i did within 2weeks of the last meeting i had with her and her solicitor and when i went back to speak with the solicitor he changed the offer and increased the price which i think is illegal.
Customer: replied 1 year ago.
waiting for your reply claire.
Customer: replied 1 year ago.
are you there claire as im waiting for your answer.
Expert:  Clare replied 1 year ago.
What value has your sister given to the property?
Customer: replied 1 year ago.
claire can u please reply quicker as this is a very important matter to me please. ive been waiting 20mins now and not received an answer from you. yes my sister is refusing to sell to me bcos of her solicitor is in control of the situation i think her solicitor wants to get his hands on my house claire. i need a reply claire to my situation.
Customer: replied 1 year ago.
claire the solicitor valued the property at £715,000 claire.
Expert:  Clare replied 1 year ago.
So how much did you offer her?
Customer: replied 1 year ago.
i offered her £350,000 bcos thats the price her solicitor asked me to come up with to buy her share out.
Customer: replied 1 year ago.
as there is £50,000 inheritance tax each to pay to the government.
Customer: replied 1 year ago.
waiting for your reply claire
Customer: replied 1 year ago.
so what do i do now claire to get this matter resolved quickly and fulfil my late mums wish i need this answer most importantly.
Expert:  Clare replied 1 year ago.
Has Probate actually been granted?When did your mother die?
Customer: replied 1 year ago.
mum died 3rd october 2015. and probate is in process of being granted all that paperwork has been signed and is still at court stage.
Expert:  Clare replied 1 year ago.
At this stage then nothing at all can be done It is in fact still very early so far as the Probate process is concerned and there is no basis on which you can ofrce the paceThe Inheritance Tax is payable by the Estate and not by each of you as beneficiariesOnce Probate has been obtained then the matter of the house can be dealt with.You have made it clear that you wish to "buy out" your sister's share of the property and once the Probate is obtained then you can make a formal written offer.Whilst you have offered half of the Probate value the fact that you are aware that it has been undervalued means that your offer is not a generous one, and you will need to increase it if you wish to be successful - otherwise your sister is entitled to insist that it is old to obtain the maximum return.Once you have made the written offer then if it is not accepted you can of course purchase the property when it is placed on the open market - and your sister cannot refuse to sell it to you.
Customer: replied 1 year ago.
claire i dont want my mums property to go on the open market, i want her solicitor to get her to cooperate with my offer which i will increase to £400,000 and i think this is a generous offer especially since i own the other share of the property. i want my mums house claire so that my mums wish can be fulfilled.
Customer: replied 1 year ago.
my sister already owns her own property in winchmore hill, and all she wants is cash value of her share of the estate so i want the whole house and £400.000 is a very generous offer.
Customer: replied 1 year ago.
u do agree with me?
Expert:  Clare replied 1 year ago.
I understand your desire to fulfill your mother's wishes but since she did not make provision for this in her Will thenI am sorry but you cannot force co-operationUnless you offer 50% of the Market value it is not generous - and will not be accepted.Your sister is entitled to half of the market value - no more an no less
Customer: replied 1 year ago.
what about the inheritance tax who pays for that claire.
Expert:  Clare replied 1 year ago.
That is paid by the Estate
Customer: replied 1 year ago.
claire what does that mean by the estate i dont understand this point? can u clarify this please?
Customer: replied 1 year ago.
and how long does it take for probate to come back from court claire.
Customer: replied 1 year ago.
claire i want to make 100percent sure that i will own my mums property outright i want absolute certainty on that?
Customer: replied 1 year ago.
claire its late can u reply please need to go to bed
Expert:  Clare replied 1 year ago.
At the moment the House is the property of the Estate of your late mother.All your mother's assets, including the house, have to be used to pay the funeral expensesand the costs of administering the Estate - including the payment of Inheritance Tax.The balance is to be divided between you and your sister.If you wish to pay the Estate enough to "buy" the house then you can use your share of the Estate - but will need to raise the extra to offer a full price for the house - and some of those funds will be used to pay various expensesSince selling the property to you will save on Estate Agents fees there is no reason to think that it will not happen - but not in the immediate future - more likely in a few months
Customer: replied 1 year ago.
thanks claire just to conclude how long will it take the probate to come back from court please answer this last question quickly.
Expert:  Clare replied 1 year ago.
That depends on the Probate Registry - on average between three and six weeksHowever once it is granted there are still a number of other formalities - so try and be patient - at this stage there is no reason to think that you cannot achieve what you need to achieve
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