# Sister won’t sell the house, wants €50K extra from my half



## mr grumpy

Hi all, the probate has completed on the family home in July, and my sister who still lives in the house with her husband and child are making things really awkward. 

Myself and my sister who were made executors and also sole beneficiaries of our late mothers estate have hit a wall. My sister said to me that she doesn’t think the 50/50 split of the sale proceeds of the home is fair and has requested an extra €50k from my half. 

She feels she deserves this as she has lived in the family home  and minded our mother up until she went into a nursing home 4 years ago. My sister had the gardens landscaped and generally maintained the house over the last 18 years. 

I had thought very hard about her request and said I would be willing to give her €10k towards the landscaping of the gardens etc. 

She’s been living there generally rent free apart from finishing off the parents mortgage which was for about 3 years of 300€ a month after the passing of our dad in 1999. 

She has refused the €10k and has said she’s staying put and is not moving. 

I’m peeved as my family are being punished because i had moved out of the family home before our dad passed and made a life. I’m married with 4 kids and times are tight for everyone. We could really do with the cash from the house sale. 

As my sister is not willing to talk now, what are my options, can I force her via solicitors to sell up? 

All advice welcome.

Mr Grumpy.


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## Easeler

Thats a shame that this has happened. Its not uncommon thought that someone thinks they deserve more of the pot ,you will need a solicitor I would think and they will take a share of the sale but thats the road she is going down not what your poor mother would have wanted I am sure.


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## bleary

So she paid 3 years of the mortgage spent 14 years looking after your mam and the house along with maintenance and upkeep and was left the exact same percentage as you? And now is losing her home ?
You may think she paid very little of a mortgage compared to today (approximately 10,000) but average house price was 100k around 98 99 .


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## Vanessa

Firstly your mother made a will in which her wish was that each of you get 50% of her estate.
You have a number of options.
1. Come to an agreement with your sister. 50000 seems a lot but she has made a contribution to  mortgage landscaping etc. There should be a negotiated sum in recognition of this contribution.

2. If you cannot come to an agreement you have the legal option of taking a case to court to obtain your inheritance. This will take at least a year to come to court and you would win. Costs would be high.

3. Your sister is being unreasonable in denying you your inheritance and disregarding your mothers wishes. Legal action will probably result in a family split but if she continues to deny you your entitlement she is not being very family minded anyway and you might be as well off not having any contact with her


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## noproblem

Is the house/property worth enough for you to go down the legal route?


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## TheBigShort

Without knowing the value of the property its hard to gauge.



mr grumpy said:


> My sister had the gardens landscaped and generally maintained the house over the last 18 years.



How much of the value of the property is reflected in the maintenance of the property, including landscape gardening?
What would the value of the property be today if it had zero maintenance over the last 18yrs?



mr grumpy said:


> She’s been living there generally rent free apart from finishing off the parents mortgage which was for about 3 years of 300€ a month after the passing of our dad in 1999.



The terms and conditions of the 'rental' agreement between your parents and your sister are not really any of your business. Would I be wrong in thinking that at some point you also lived there rent free?
Your interest in the value of the property only really matters from the point that you inherited the property. Anything else before that is moot, unless you can show how you added value to the property yourself.
Having paid €11000+ in mortgage, landscaped the garden, maintenance, I can see how your sister is adding things up.
Had your sister not lived there, would your mother gone into a home earlier? If so, it may be worth considering how much saved in nursing home fees.



mr grumpy said:


> I’m peeved as my family are being punished because i had moved out of the family home before our dad passed and made a life. I’m married with 4 kids and times are tight for everyone. We could really do with the cash from the house sale.



Notwithstanding your own financial difficulties, but without knowing the value of the house, it is hard to empathize with your situation. If the house is valued €300,000, then perhaps €50,000 from your half is excessive, but if the house is €600,000 or even more then I would probably try negotiate your sister down to €30 - €35000 and take the hit.

Finally, avoid all advice that recommends cutting off contact with your sister.


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## llgon

TheBigShort said:


> Your interest in the value of the property only really matters from the point that you inherited the property.



If this is the case you would presumably say the same to his sister.


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## torblednam

Just a brief arithmetic alert for anyone not spotting the blindingly obvious: if the  sister gets an extra 50,000 from the brothers half of the sale this means she receives 100,000 more than him from the sale. 

I don't really see the point in the speculative replies here, trying to make a case for the sister. Her issue, if she has one, is with her late mother; the OP didn't write the will.


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## TheBigShort

llgon said:


> If this is the case you would presumably say the same to his sister.



Absolutely, unless;



TheBigShort said:


> ... you can show how you added value to the property yourself.



House maintenance, garden landscape, paying off mortgage for three years...stuff like that.



torblednam said:


> I don't really see the point in the speculative replies here, trying to make a case for the sister.



No one is making a case for the sister. Just responding to the request above;



mr grumpy said:


> All advice welcome.



...based on information provided.



torblednam said:


> Her issue, if she has one, is with her late mother; the OP didn't write the will.



Perhaps so, but realistically, sister and brother have to deal with each other.
He is legally entitled to pursue his 50% share. It is not clear if there is a legal entitlement, or requirement, to sell the property. If not, his sister, as a 50% shareholder will be well within her rights to continue living there. Perhaps that is her motive? Intention?

Considering the info above and depending on the house value, my advice would be to cut a deal, provide yourself with some financial relief and move on to happier times.


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## Sarenco

Whether or not the sister paid the mortgage for a period or added value to the property is completely irrelevant.  

The mother left each child a 50% share in her estate and the executors of the will have a legal obligation to apply the proceeds of the estate in accordance with her wishes.

If the brother subsequently decides to make a gift to his sister (which would be taxable) that's his prerogative but it has nothing to do with the application of the mother's estate.


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## TheBigShort

Sarenco said:


> Whether or not the sister paid the mortgage for a period or added value to the property is completely irrelevant.
> 
> The mother left each child a 50% share in her estate and the executors of the will have a legal obligation to apply the proceeds of the estate in accordance with her wishes.
> 
> If the brother subsequently decides to make a gift to his sister (which would be taxable) that's his prerogative but it has nothing to do with the application of the mother's estate.



Absolutely spot on. 

One slight problem, "sister won't sell house" and he could really do with cash from house sale. This would indicate that the sister is under no obligation to sell. 
He could be waiting a long time for his 50%.
Again, depending on the value of the house and how much his 50% is worth, it would be my advice to try cut a deal with sister.
Notwithstanding his legal entitlement,
50% of sale minus €x is better than 50% of nothing - especially if he could really use the money.


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## llgon

TheBigShort said:


> The terms and conditions of the 'rental' agreement between your parents and your sister are not really any of your business.





TheBigShort said:


> Absolutely, unless;
> 
> House maintenance, garden landscape, paying off mortgage for three years...stuff like that.



If his sister is to use paying rent/mortgage as part of her justification to seek money from the OP's share of his mother's estate then how can it not be any of his business?


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## Sarenco

TheBigShort said:


> One slight problem, "sister won't sell house" and he could really do with cash from house sale. This would indicate that the sister is under no obligation to sell.


BS

The sister is obliged, as a co-executor, to administer the estate in accordance with the terms of the will. 

So, yes, she is under an obligation to facilitate the sale of the property - she has no discretion in this regard.  The sister can be removed as a co-executor if necessary.


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## torblednam

Sarenco said:


> BS
> 
> The sister is obliged, as a co-executor, to administer the estate in accordance with the terms of the will.
> 
> So, yes, she is under an obligation to facilitate the sale of the property - she has no discretion in this regard.  The sister can be removed as a co-executor if necessary.



I think BS is hanging his hat on the mother having left the house 50:50, rather than directing it be sold and the proceeds divided 50:50. 

Completely speculatively of course.


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## TheBigShort

Sarenco said:


> So, yes, she is under an obligation to facilitate the sale of the property - she has no discretion in this regard. The sister can be removed as a co-executor if necessary.



Well if that's the case, I can't see what the problem is, can you?


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## mr grumpy

Same properties around the estate which have had refurb €620k approx, our house €520k....


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## TheBigShort

torblednam said:


> I think BS is hanging his hat on the mother having left the house 50:50, rather than directing it be sold and the proceeds divided 50:50.
> 
> Completely speculatively of course.



I may have misunderstood the situation in the title "sister won't sell house", insofar as it implied that as a 50% holder, and perhaps occupant of the house, that the sister could prevent the sale.
Also the poster asks "...can I force her to sell up..."
I mistook this to mean that it wasn't straightforward.


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## Gordon Gekko

Sounds like you're between a rock and a hard place.

Have you considered agreeing to her demand for €50k, selling the property, and then reneging on the agreement?

Your sister is behaving appalling, but two wrongs don't make a right. If it was me, I'd negotiate the €50k downwards and try to settle for 20ish.


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## TheBigShort

mr grumpy said:


> Same properties around the estate which have had refurb €620k approx, our house €520k....



I'd offer her €280 to your €240 if she agrees to put house for sale tomorrow.
You lose €20k she gets an 'extra' €40k. 
The alternative is the legal route, which may take some time, but you will win and she knows it.


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## torblednam

TheBigShort said:


> I may have misunderstood the situation in the title "sister won't sell house", insofar as it implied that as a 50% holder, and perhaps occupant of the house, that the sister could prevent the sale.
> Also the poster asks "...can I force her to sell up..."
> I mistook this to mean that it wasn't straightforward.



Well none of us here knows the actual situation apart from the OP, but I thought  the most telling phrase used in the OP was


mr grumpy said:


> My sister said to me that she doesn’t think the 50/50 split of the sale proceeds of the home is fair and has requested an extra €50k from my half.



To me, this quite clearly implies that the will directs the property be sold and the proceeds split. If it didn't, the discussion / argument  would in the first instance be about what's to be done with the house. It would also make no sense to leave a house to two children, as it could only result in a dispute, I'd expect even an incompetent solicitor could give the mother that much advice.


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## TheBigShort

torblednam said:


> To me, this quite clearly implies that the will directs the property be sold and the proceeds split. If it didn't, the discussion / argument  would in the first instance be about what's to be done with the house. It would also make no sense to leave a house to two children, as it could only result in a dispute, I'd expect even an incompetent solicitor could give the mother that much advice.



I couldn't agree more, then the post continues,


mr grumpy said:


> She has refused the €10k and has said she’s staying put and is not moving.



Implying selling up isn't that easy.



mr grumpy said:


> what are my options, can I force her via solicitors to sell up?



Implying a lack of legal expertise in this area.
Equally, I have no legal expertise in this area. But then again, that was not asked for, was it?
Instead



mr grumpy said:


> All advice welcome.



So perhaps instead of focusing in on my advice. You could offer the OP some advice of your own?


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## torblednam

TheBigShort said:


> I couldn't agree more, then the post continues,
> 
> 
> Implying selling up isn't that easy.
> 
> 
> 
> Implying a lack of legal expertise in this area.
> Equally, I have no legal expertise in this area. But then again, that was not asked for, was it?
> Instead
> 
> 
> 
> So perhaps instead of focusing in on my advice. You could offer the OP some advice of your own?



I've no particular legal expertise in this area, but the basic points are quite simple.

If the will says the property is to be sold then the property is to be sold. (Note that's an if, the OP isn't really engaging enough to get the right advice here, garbage in, garbage out etc...)

By whom? By the executors.

Who are they? The OP and his sister.

If the executors are in dispute, what happens then? It gets legal and expensive. Hence the multiple people on the thread telling the OP he'll win but at a cost.

AFAIK though, and I'm open to correction, the OP as executor is entitled to employ a solicitor in his capacity as executor in order to ensure the will is executed. The cost of which comes out of the estate i.e. half of his legal cost will effectively be borne by his sister (although he has to bear half of hers too).


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## noproblem

Your sister has refused an offer of €10,000.00, i'd offer her no more unless you feel she deserves more. I'd go to a solicitor and as Sarenco has already suggested, if the sister doesn't want to carry out her legal function as co-executor, have her removed.


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## john luc

for my 2 cents worth I would find a way to negotiate with your sister. As I understand your mothers will left you each 50% but you do not mention if there were any conditions set out like house must be sold as example. You can go the legal route and I believe you will win but the financial cost will be high and the damage to your relationship will be bad. Try and see the issue from your sisters point as that can help you understand her stance. in selling will she be able to afford to buy a new home. Does she prefer to stay put and instead buy you out. This is not to say who is right or wrong but if you had a clearer picture of what your sisters feelings are it might help to come to a negotiated settlement and you still stay friendly into the future.


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## shweeney

If she wants to stay in the house, would she be open to paying you rent on your half? Though I guess this might not be attractive from a tax point of view.


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## DeeKie

If she is in the house currently as executor you are entitled to collect rent from her at market for the beneficiary entitled to 50% namely you. This may help her thinking.


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## LS400

Your sister wants a 60/40 split. 

I would be of the opinion she has no intention of selling. If you agree to a 50k reduction on your share of €260k, the next step will be for your sister to offer you €210k for your share of the property.

So what, she has been paying €300/month for a few years, its a fraction of what she, and her husband and child, would have paid for, for a half Millon house in rent. I would bet you have being paying more in mortgage repayment in that time, and probably not in the same league as this said house.

Wasn't it great she had her mum to look after for a few years instead of her being put in a home, I would see that as an honor, not a burden to be paid for.

Stop dilly/dallying, you are where you are, and you have seen that your sister and husband have no difficulties in trying to make an idiot of you, wise up.
The will stated 50/50. Stop trying to justify its renegotiation.  

You've only been on here twice, and so not engaged much considering all the replies you received. Have any of the replies been helpful to you?


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## CJConnolly

My sympathies to you Mr G, that's a horribly messy situation.

I was in a slightly similar situation to your sister in that I moved back in to the family home to care for my father, and there were some complications after he died over the delay in me moving out of the home (due to the tenants in my own house being unable to find new accommodation - it was all resolved in the end).

I, too, would have paid for most of the maintenance of the famiy home after I moved back in (for six years), including gardening and decorating costs, but I never once considered that that gave me a right to a larger share of the proceeds of the sale of the house. I don't believe your sister should either - she was living close enough to rent-free in the home (apart from those small mortgage payments), as I was, so contributing to its general upkeep was the very least she, and I, could have done. If she is arguing that she sacrificed a lot financially she needs to ask herself how much she would have paid in rent for the last 18 years if she had to live elsewhere, especially in more recent times with her husband and child. If she had paid for major renovation work on the property, she might have some argument, but not if it was purely for its upkeep.

Most importantly, though, it would appear that it was your mother's wish that the proceeds from the sale of the house be divided equally between you and your sister. Her wishes should be respected.

I would withdraw your €10k offer to your sister, and inform her of that, and use a solicitor to deal with this from now on. I know it's a pain to have to pay for a solicitor, but I think it would be more than worth it for you. Apart from anything, it will show your sister that you are challenging her on this - she, it would seem, thinks she can force you in to meeting her €50k demand by refusing to agree to the sale of the house. I'm struggling to believe she is legally entitled to do this. She might be unhappy with your mother's will - if she is, let her challenge it and bear the cost of doing so.

I would discuss with your solicitor the possibility of demanding compensation from her for the delay in putting the house on the market, the figure increasing for every passing month. That might make her re-think her actions. 

Your €10k offer was most generous - too generous, in my humble opinion - the fact that she rejected it suggests she is behaving far from reasonably in this.

Her sense of entitlement, despite her mother's expressed wishes, is a touch ugly.

Best of luck Mr G, again I would strongly suggest you get a solicitor on to this, I have a feeling your sister will soon learn she is not on solid legal ground.


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## Vanessa

She is on very weak legal ground if this case ends up being decided on by a judge in the Circuit Court. However that can be avoided by proper mediation once the full financial costs are spelled out to her and she sees sense


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## Ray Carver

Solicitor all the way. You are probably going to fall out either way over this if you dig the heels in, with a solicitor involved you can blame them a bit too!!
Honestly , I had a business dispute with some close colleagues a few years back where a couple of guys wanted to buy out the other shareholders, they low-balled us and we got some legal advise as did they, the solicitors cracked our heads together and made us do the deal and we all walked away a bit happier than we started. We are still friends now, if the solicitors hadn't got involved it would have soured a good bit.
I must add the solicitors only took a small fee for mediating and share certs etc. They didn't want to go to court either.
Of course your situation is a family one but an outsiders view can be beneficial.


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## michaelm

In this situation I'd tell my sister that I'd rather avoid going down the legal route but would if pushed.  I'd work out what rental income the house could expect to generate and tell her unless we came to an agreement I'd take the view that she was renting half the house.  I'd keep track of the growing rental arrears figure.  That said I'd underline that I wanted an amicable solution, that the 10k was still on the table, a line could be put through rental monies, and that I was happy for her to buy out my half.  I'd give her six months to make it so.


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## mr grumpy

Well, here's an update for you all..... thanks for the replys todate; 

My sister found a 3 bed house for sale in the same area as the family home and requested that she'd like to purchase this house but it would cost her the whole of the 50% of the sale proceeds of the family home. 

That meant that the outstanding nursing home fees for our late mother & legal fees/estate agent fees etc would all come out of my half of the sale proceeds approx 80k.

I agreed to this just to have the whole mess put to bed. As were not talking to each other solicitors are now involved in all communications between us.

As this was her last chance to find her forever home in the family home area, i presumed that she would be jumping through hoops to make this deal work. 

8 weeks later my sister has stopped all communication and the 3 bed house she was looking at has been sold to someone else.

As this is now the case, my solicitor served her notice and legal proceedings commence against her this week. 

She's a bad egg and I wash my hands of her.

I'll update you all with any updates as I get them.

Thanks again for all your help, Mr Grumpy.


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## newtothis

mr grumpy said:


> I agreed to this just to have the whole mess put to bed. As were not talking to each other solicitors are now involved in all communications between us.
> 
> As this was her last chance to find her forever home in the family home area, i presumed that she would be jumping through hoops to make this deal work.
> 
> 8 weeks later my sister has stopped all communication and the 3 bed house she was looking at has been sold to someone else.
> 
> As this is now the case, my solicitor served her notice and legal proceedings commence against her this week.



I think this is really unfortunate. Is there any way you can both pull back, and go for some form of mediation? Once solicitors are involved, and especially once legal proceedings start, there's a very good chance things will spiral out of control on costs and you'll both end up with nothing, or next to nothing. The house I'm living in now was purchased after being empty for about 15 years whilst a family dispute was ongoing after the previous owner died: I heard later that about 90% of the value we paid for it was swallowed up in legal fees. I doubt anyone came out of that situation thinking they'd "won", apart obviously from the solicitors. This is not an uncommon outcome of such disputes. If it were me, I'd point this out to your sister, and ask will she accept independent mediation? 

You can be fairly sure she thinks you're the bad egg: if you can each accept that neither side is 100% "right", there should be some path to resolution. The advice earlier in the thread to insist on the righteousness of your position and reach for a solicitor as the thing to do was in my opinion appalling advice.


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## Bronte

mr grumpy said:


> I agreed to this just to have the whole mess put to bed.
> 8 weeks later my sister has stopped all communication and the 3 bed house she was looking at has been sold to someone else.
> As this is now the case, my solicitor served her notice and legal proceedings commence against her this week.
> She's a bad egg and I wash my hands of her.



- Your sister has had a home for 19 years
- She looked after your mother for 14 years
- She paid €300 a month for 3 years
- she maintained the property
- Costs are 80K, value is 520K = 440K or 220K each.

In exchange for maintining the home and looking after you mother your sister was able to have free housing for 16 years.  Plus 3 years at a nominal amount.  Even in 1999 €300 was a very low amount.  She and her family had the benefit of the maintenance and landscaping while she lived there.

What age is your sister, would she be able to get a mortgage on the home in order to pay you your 220K plus costs of 40K. ie a mortgage of 260K on a property worth 520K.

Once you start legals you run the risk of everything going to lawyers.  Maybe you will be lucky and the initiation of proceedings will force her hand.


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## Thirsty

"maintining [sic] the home and looking after you mother your sister was able to have free housing for 16 years"

She worked for it - therefore it wasn't free.

Looking after an aging parent is a job that only gets harder as time goes on. It's no bed of roses.


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## DeeKie

The parent (not this forum) decided what was fair. Their wish should be honoured. I’d go to your solicitor and stick to the will.


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## Bronte

Thirsty said:


> "maintining [sic] the home and looking after you mother your sister was able to have free housing for 16 years"
> She worked for it - therefore it wasn't free.
> 
> Looking after an aging parent is a job that only gets harder as time goes on. It's no bed of roses.



Yes it is a job, and a job that one is either willing to do or not.  If she thought she should get a higher payout in the inheritence that was something that should have been agreed up front.  And the free housing has a value. 

I have never suggested it was a bed of roses, none of us knows what it was like as each case is difference.  Maybe it was done for free due to being the right thing to do.


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## Brendan Burgess

Hi MrG

The legal position is very clear, but...

Imagine that you are back in 1999.  You and your sister discuss what should be done with your mother who is getting old.  Would you offer to move back home and look after her until she dies or goes into a nursing home?  You will get free accommodation but you will be looking after your mother. 

If your mother says "I will leave the house to whoever moves in and looks after me", would you move back in?

From your brief description, it does sound as if your sister got a raw deal.  The mother should have left her more than she left you.

You were right to accept €80k less than she did. It's a pity that she did not go through with that. She probably made an offer but it was turned down. 

You have little to lose by going to court. You are getting nothing now. You will probably get nothing after the legal costs have been paid. But she has more to lose as she will lose her free house as well. 

Brendan


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## Marsha25

Whether she looked after her mother or not is neither here nor there. The will states you are owed 50% of your mothers entire estate and therefore that is what you should get.  I gather she didn't contest it as it's over six months since probate was granted and even if she did she probably would not have been granted any more.  If she chose to move in with your mother on the assumption that she'd get the house, then she should have had that conversation with your mother long ago and ensured that was the case.  Here's hoping your solicitor is good and that he gets this sorted.  I wouldn't offer to take a cent less than you're entitled to now and let all fees and bills be taken out of the overall estate, not just your share.  She had her chance and has now gone silent.  You no longer have a relationship with your sister so you have nothing to lose, apart from legal fees, but you'd have been down 80k anyway if you'd pandered to her.


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## newtothis

Marsha25 said:


> ....so you have nothing to lose, apart from legal fees



There's the rub - it's quite possible legal fees will wipe out the entire value of the house. Therefore, you've everything to lose by following this advice, which is why I'd recommend you don't. This mightn’t match your opinion of what’s “fair”, but don’t forget there’s someone else who has a different opinion on what’s fair; getting into a legal battle with them is highly likely to leave you both much worse off.


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## Black Sheep

As has been pointed out many times the terms of the will are clear and therefore so is the legal situation. However all the legal eagles in the world will not unite this family which will carry on down the generations. 

My sympathies are with the sister who gave 18 years to caring without any visible signs of appreciation. Surely the mother should have shown her appreciation in her will if not by agreement in advance. Why would a brother who went away to live his own life in whatever way he chose expect to inherit in the same way as the sister who did not have that choice.

Sorry I have no meaningful advice to offer except to say stay away from the legals and perhaps try mediation as already suggested


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## AlbacoreA

I think you should estimate the costs paid by the sister, and the costs saved by living at home. 
But its not like she didn't gain from the arrangement either.


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## john luc

a lot of assumptions offered here however I know of at least one family who had a similar situation and for an outsider looking in they may favour the live in relative. However my knowledge of the one I know of would not have me being too kind to the live in relative. If the OP has any chance of a reconciling then I would suggest they try take it as money is nice to get but good family friendship is worth more.


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## Clare12

I just stumbled across this thread today, having read down through it, I would have to ask, how involved in your mother's care were you, I do feel the person who cares for an elderly parent and possibly sacrifices certain things in their own life to do so, would be entitled to a greater portion of the estate. I notice many have mentioned the benefits the sister received by living in the house rent free, but this has also benefited the other party i.e.the brother, in that he didn't have to come day and night to take turns in minding/caring for his parent. Looking after elderly parents should be a shared responsibility and not left to one member of the family.  I would strongly urge both to try and negotiate without going down the legal route.


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## Gordon Gekko

The mother, i.e. the person who was the beneficiary of the alleged care, thought so much of it that she left the assets to be split 50:50. I’d be reluctant to agree to deviate from that the more I think about the case.


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## cliqueentour

If the mother left her entire estate to the local butcher, it would be a closed case. She chose to leave it 50:50 so that should apply.

The sister who looked after the mother should have fine it out of love. Not because she was going to get an extra 80 grand at the end of it all.


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## DirectDevil

mr. grumpy said "That meant that the outstanding nursing home fees for our late mother & legal fees/estate agent fees etc would all come out of my half of the sale proceeds approx 80k."

The actual liability for the nursing home fees is that of the *estate*. Thereafter, beneficiaries receive their proportion of the net estate.

My 10 cents in relation to Sister Beneficiary ;

She has no authority to seek to rewrite the terms of the will. Classically, a will speaks from the grave......

However, she could try and attack the will under S.117 of the Succession Act 1965. This relates to provision for children. Children in this context is not confined to those under 18.
Link http://www.irishstatutebook.ie/eli/1965/act/27/section/117/enacted/en/html#sec117

She could also try and argue - with justification IMHO - that she has created something of an equitable interest in the property by payment of the mortgage and undertaking work that has preserved the asset and it's value.
In this respect alone I think that a judge would have no difficulty in recognising this and making an appropriate adjustment. 

A negotiated settlement would be the wisest strategy as I believe that Sister Beneficiary has a stateably fair argument but possibly not to the degree that she thinks.
The legal fees involved in disputing something like this if it went to a hearing would leave you with a limp and achieve perfect equity i.e. everyone equally impoverished and miserable.......


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## Steven Barrett

Was the mother in need of care for all of the 14 years that the sister was living in the house with her? Or did she just move in when the father died so she could get cheap accommodation? 

I find it a bit rich for someone to look for money back on getting the garden done in a house they have effectively been living in rent free. 

Also, there can be a gift tax issue if she has been living there rent free for the last 20 years.

But as has been mentioned numerous times, it is a black and white issue, the will must be carried out. 


Steven
www.bluewaterfp.ie


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## mr grumpy

Update - my  solicitor sent the registered letter confirming proceedings against her to see her in the Circuit Court and 2 weeks later she has finally copped on and the property is now for sale.... here's hoping all goes well from here on in.


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## Bronte

Well now isn't that a great result.  Hope you and your sister get a good price and that you both don't let this 'blip' mean that you and she let this affect your relationship going forward.  How much did the solicitor's letter cost you? Either way it was very cheap really.


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## Feemar5

I would advise you to sort something out with your sister - point out to her that if you give her the €50k there would be tax implications for her.   Strictly speaking she is supposed to respect her mother's wishes and split everything 50/50 but if you go down the legal route it will cost you and if she engages a solictor it will cost her as well.   As she looked after your mother and did some work on the garden I would feel she was entitled to more than the 50% so try and negotiate - it will save both of you money and grief in the long run.


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## Grizzly

Feemar5 said:


> I would advise you to sort something out with your sister - point out to her that if you give her the €50k there would be tax implications for her. Strictly speaking she is supposed to respect her mother's wishes and split everything 50/50 but if you go down the legal route it will cost you and if she engages a solictor it will cost her as well. As she looked after your mother and did some work on the garden I would feel she was entitled to more than the 50% so try and negotiate - it will save both of you money and grief in the long run.



Have you read the updates before your post??


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## mr grumpy

Well folks, alot of time has passed since my original post, but I thought I should post an update with what the end result was. My sister spread alot of nasty & unfair roumours/comments to my old neighbors and friends about me. We settled on 70/30 split which in the end wasn't fair for me but it's all finalised now thankfully. I paid our mams nursing home bill, and other utilities, property tax etc. My sister relocated somewhere close to the family home, where I don't know where specifically and don't want to know. We have not spoken since the solicitors got involved and although I have lost her in my life, I feel great relief that's is all over and done with now. She showed how nasty she can be so I am better off now she's out of me & my families life. I'm not suffering from stress and depression anymore which was really getting me down during the whole process. My close friends and family are what matters now. 

Please please make a will and let those that matter in your life know what your wishes are for when you die, it may save alot of unhappyess and stress down the line.


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## ClubMan

mr grumpy said:


> Please please make a will and let those that matter in your life know what your wishes are for when you die, it may save alot of unhappyess and stress down the line.


Are you saying that your mother died intestate?
I can't see in this thread anywhere that you mentioned her having made a will.
Would having a will actually have made any difference here given that, if she died intestate, you and your sister were already entitled to 50% each?


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## Towger

So in the end you would have been better off giving her the extra 50k (which is in reality 25k) than having a 70:30 split on a 500k+ house. Plus probably 10's of thousands in legal costs.


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## Groucho

Towger said:


> So in the end you would have been better off giving her the extra 50k (which is in reality 25k) than having a 70:30 split on a 500k+ house. Plus probably 10's of thousands in legal costs.



Have you factored the likely increase in the value of the house over the past 4 years into that conclusion?


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