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An issue of property and Probate

Discussion in 'Legal and financial issues' started by Flake, Mar 17, 2017.

  1. Flake

    Flake Registered User

    Mar 9, 2015
    222
    My Mum passed away a week ago. I have written on here before that my Brother did not live with my parents due to my Mums mental health and he went into care although I didnt and I never understood why not. Long and very sad story short - She has left my brother and I an equal share in her home. I, as POA was preparing to sell this home to fund residential care costs and had secured a buyer. Now my brother has said he wants to buy out my share to which I am agreeable, but he seems to think that as I was left the money in the Bank account I can pay for everything and that it is only me that needs Probate. He will not listen to me or my Solicitor and it has now got quite nasty.

    Not only am I upset over the loss of my Mum, I am now really worried about the outcome of this pig headedness. He now wants a copy of the Will and a key to the property. What happens if he will not swear an Oath for Probate. (He signed the form). He seems to think that we now 'own' the home, but we dont until Probate is granted and he wont listen.

    Any advice would be greatly appreciated. Thank you :(
     
  2. nicoise

    nicoise Registered User

    Jun 29, 2010
    1,807
    Can your brother afford to buy your share of the house?

    Unfortunately he is already causing problems with regard to finance, and doesn't seem to understand the process of executing a will - it doesn't bode well for the house share buying process. He will need a solicitor, which might help as a third party explaining things to him, as it sounds as though he already has some issues of resentment and lack of trust.

    I would advise that you take some legal advice yourself in how to handle this - I know that will cost yet more money, it this could reach stalemate, and will cost more if it drags on.
     
  3. Flake

    Flake Registered User

    Mar 9, 2015
    222

    He says he can - was talking about keeping the property, doing a little bit of work and selling it on. (Capital Gains there maybe?) He has not seen or spoken to my Mum for 18 years and that was only when he attended Dads funeral. I know he is miffed that I am left the cash in the Bank but I didnt make the Will and I did at one time think that I would offer him some or half but I cant, not now. My solicitor advised that he takes his own legal advice but he said she was not making sense. I do fear that this will drag on and cost. My poor Mum Im sure she would never have expected this :(
     
  4. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,741
    Salford
     
  5. Slugsta

    Slugsta Registered User

    Are you both executors of the will?
     
  6. Flake

    Flake Registered User

    Mar 9, 2015
    222
    Yes joint executors. As I have said in previous posts I do not have any issues with my Brother and I try to understand how he must feel, but I never had the perfect childhood and teens that he think I had. Im hoping that by the time Probate comes back he will have thought things through and be prepared to carry out his executorship properly. (i hope)
     
  7. Flake

    Flake Registered User

    Mar 9, 2015
    222
    #7 Flake, Mar 18, 2017
    Last edited: Mar 18, 2017
     
  8. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,741
    Salford
     
  9. Angie1996

    Angie1996 Registered User

    May 15, 2016
    515
    Somerset
    Hi Flake I read your post whilst I was in bed, but up now, and wanted to chip in :)

    I am also currently dealing with my dads estate as he recently passed away, and what I have done is forze dads account and went straight to the solicitor and applied for grant of administration (no will) and any payments that are due, I have called them all and told them they would have to wait until the probate is done and then the payments would be made from this money.

    I opened a stand alone account and any pension money that was owed to him I told them to put in this account and have just sat on it and done nothing until the Grant is done, which was done last week.

    He has a flat that is for sale (has been since last September when he went into care) and again it stays as his estate and when its sold then the money from the sale will then be taken.

    I have a brother and luckily he trusts me enough to let me deal with the whole thing and I was my dad POA person.

    I am getting confused about the bank money part your talking about, if any bills need paying, then let them know they will have to wait until the probate is through, and then the bills are paid from this pot.....

    Once probate is through and all bills paid, pensions sorted etc, then your brother can buy our your half of the house then?

    Surely he understands this? what is his main issue?
     
  10. Jessbow

    Jessbow Registered User

    #10 Jessbow, Mar 18, 2017
    Last edited: Mar 18, 2017
    When your Mum died, her will came into play, and actually you should have informed all parties of this, because actually things HAVE changed.

    As an executor he does have a right to a copy of the will, and I, like him, wouldn't sign anything until I had seen it.

    I think your argument about not 'until probate is through' is just splitting hairs.All probate does is give someone the right to deal with an estate ( so neither you nor he can do anything anyway until probate is grated - which includes completing on the sale of the property)

    Diembursements do come from the money left in the bank- any overpaid pensions payments, outstanding bills etc.

    When probate comes through, what do you propose? Continuing with the house sale and banking the cash?

    ( being completely hones , if you mum only died a week go, you are charging on quite quickly whilst people are very emotionally charged)
     
  11. Flake

    Flake Registered User

    Mar 9, 2015
    222
     
  12. Flake

    Flake Registered User

    Mar 9, 2015
    222
    Thank you all for your comments. Yes I think I have charged in a little quick and I think that is my coping mechanism - keep busy and probably too busy. Have been running around for the last few years and it feels strange to slow down and chill.

    I have done the Probate myself and am now completing the Inheritance Tax part.

    I am not gong to stress about this any more - think that maybe my brother does care a little and that could be his reaction but as we have never been close that is difficult to tell.

    I understand that as the accounts are frozen I will pay for now and get reimbursed from the estate.
    Thank you all ....... for everything :) x
     
  13. lemonjuice

    lemonjuice Registered User

    Jun 15, 2016
    1,535
    England
    Personally I would be worried about doing it this way. You need to ensure you keep detailed records and suppose there's not enough money left at the end to repay you?

    With your mother's death the house sale/ transfer may not be able to proceed so speedily and then you could lose out.
    Council Tax is still payable for an empty property in most LAs these days. So will all the standing charges on utility bills and the insurance company will want reassurance you have secured the property (might make it invalid if not) and will want it checking on a weekly basis for leaks etc.
    You simply cannot afford to be paying out those costs on your own.
     
  14. Flake

    Flake Registered User

    Mar 9, 2015
    222
    Thank you Lemonjuice. Point taken. The current sale is still running although it cannot proceed without Probate that is why I did it myself and took it to the Probate office, and to save time. I have spoken to the household insurance company as that is paid up until May. Water is ok. I have just paid gas and electricity I just have to inform them of my Mums passing, same with Council Tax.

    I stlil pop round to her home every other day - A habit I cant get out of just yet!

    But I think I will now pass the rest over to a Solicitor. x
     

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