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Re: Can my sister keep the family home?
Under the terms of the will it appears you are entitled to one third of the house each - it would be included in "the rest". Get the solicitor to clarify this
One issue is when your father died - was it over 12 years ago? If it is, your sister may be able to statute bar you interest in the property anyway. It all depends on facts, so ask the solicitor if there is any possibility that your sister has obtained a squatters title to the house.
What title did your father have to the property? There's always the possibility that he only had a life estate which he can't distribute under the will.
Another issue is the Revenue implications of going with their plan.
Find out about insurance requirements etc - Legal title vested in you as executor, so you bear some responsibility for the property. Find out exactly what the implications are.
You also need to do a bit of a tot up - is 1/2 of the land (less site) worth more to you than 1/3 of the house and land (less site). If there's a loss on your part you may want to request your own term of payment of some amount of cash. That might change their plans a little.
Also have a bit of a think before you go in - is it fair that your sister should be able to live where she has lived for the past several years? Wills are often disregarded to a greater or lesser extent by families through the mechanism of a deed of Family Settlement, often for the reason of fairness. Legal rights and the right thing are not always the same.
Under the terms of the will it appears you are entitled to one third of the house each - it would be included in "the rest". Get the solicitor to clarify this
One issue is when your father died - was it over 12 years ago? If it is, your sister may be able to statute bar you interest in the property anyway. It all depends on facts, so ask the solicitor if there is any possibility that your sister has obtained a squatters title to the house.
What title did your father have to the property? There's always the possibility that he only had a life estate which he can't distribute under the will.
Another issue is the Revenue implications of going with their plan.
Find out about insurance requirements etc - Legal title vested in you as executor, so you bear some responsibility for the property. Find out exactly what the implications are.
You also need to do a bit of a tot up - is 1/2 of the land (less site) worth more to you than 1/3 of the house and land (less site). If there's a loss on your part you may want to request your own term of payment of some amount of cash. That might change their plans a little.
Also have a bit of a think before you go in - is it fair that your sister should be able to live where she has lived for the past several years? Wills are often disregarded to a greater or lesser extent by families through the mechanism of a deed of Family Settlement, often for the reason of fairness. Legal rights and the right thing are not always the same.
Re: Can my sister keep the family home?
Your sister isn't legally entitled to the family home and if she wishes to stay there she should probably compensate the other sisters financially. That said, do bear in mind that she did look after your father for the past 7/8 years of his life probably saving significant care costs and stress to the rest of the family. This should be taken into account in any negotiations.
Your sister isn't legally entitled to the family home and if she wishes to stay there she should probably compensate the other sisters financially. That said, do bear in mind that she did look after your father for the past 7/8 years of his life probably saving significant care costs and stress to the rest of the family. This should be taken into account in any negotiations.
Brendan Burgess
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Re: Can my sister keep the family home?
If the will preceded your sister moving in to look after the parents, I would try to guess what your father would have done just before he died. Would he have revised the will to leave the family home Sister 3? If so, I would respect those wishes.
I presume you are Sister 1? If it was your father's intention to give you one third of the house, Sister 3 will have to pay you 1/3rd the value of the house. I don't think she would have any legal right to the whole house.
Sister 2 can do as she pleases.
If the will preceded your sister moving in to look after the parents, I would try to guess what your father would have done just before he died. Would he have revised the will to leave the family home Sister 3? If so, I would respect those wishes.
I presume you are Sister 1? If it was your father's intention to give you one third of the house, Sister 3 will have to pay you 1/3rd the value of the house. I don't think she would have any legal right to the whole house.
Sister 2 can do as she pleases.
Re: Can my sister keep the family home?
I am asuming sister 3 moved in 7-8 years ago to look after the parents as they grew old. This in itself is a huge task to take on.
If it was me I would be happy to let sister 3 keep the house and the site and take my share of what ever was left.
Too many times I have seen families fall out over this kind of thing, In the end its not worth it and it is not what your parents would have wanted to happen
I am asuming sister 3 moved in 7-8 years ago to look after the parents as they grew old. This in itself is a huge task to take on.
If it was me I would be happy to let sister 3 keep the house and the site and take my share of what ever was left.
Too many times I have seen families fall out over this kind of thing, In the end its not worth it and it is not what your parents would have wanted to happen
SoylentGreen
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Re: Can my sister keep the family home?
And that is why there was a will....so follow the instructions in the will.
And that is why there was a will....so follow the instructions in the will.
Re: Can my sister keep the family home?
The Will is all that matters in this case. If the Will says the sister who is living in the house is to be given a site, and everything else, including the house, is to be divided equally between all three of you then that is what is to happen and that is what you as Executor have to do - you do not have the legal authority to do anything else. This may mean selling the house (minus the site going to sister) if necessary and you have to be prepared for this possibility.
What people want to do with their share of the estate AFTER probate has been completed is up to them and nothing to do with the probate.
The Will is all that matters in this case. If the Will says the sister who is living in the house is to be given a site, and everything else, including the house, is to be divided equally between all three of you then that is what is to happen and that is what you as Executor have to do - you do not have the legal authority to do anything else. This may mean selling the house (minus the site going to sister) if necessary and you have to be prepared for this possibility.
What people want to do with their share of the estate AFTER probate has been completed is up to them and nothing to do with the probate.
Brendan Burgess
Founder
- Messages
- 53,440
Re: Can my sister keep the family home?
The will is all that matters from a legal point of view.
But in practice, you presumably want a fair solution and you may wish to stay on good terms with your sisters. I am not suggesting that you should give up what is right and fair just to keep good relations. But you can agree what is fair and come to an arrangment in that context.
Brendan
The will is all that matters from a legal point of view.
But in practice, you presumably want a fair solution and you may wish to stay on good terms with your sisters. I am not suggesting that you should give up what is right and fair just to keep good relations. But you can agree what is fair and come to an arrangment in that context.
Brendan