Inheritance Question Can I Be Forced Out Of The House?

Hi

My mother passed away a few weeks ago. In her will it stipulates that I have six months to buy the house and if I dont then the house is to be sold and the proceeds divided between myself and my 2 siblings. I have absolutely no issue with this however today one of the executors (my mothers brother) visited me and informed me that he has been told by the solicitor handling the probate that on the 6th month anniversary of my mothers death that the house must be empty of all current belongings and be ready to be sold. In the current market I reckon it would be awhile before its sold and I would need my share as a deposit on a place to live. I am prepared to pay rent to my siblings till the house is sold.

So my question is. If my siblings are agreeable, am I allowed to stay in the house under a rental agreement or does the executor have to tell me get out? I am perfecly willing to comply with my mothers wishes I just would like to stay here until we can sell the house.

Any thoughts would be appreciated. I plan to get legal advice this week but would like a heads up is possible

I would say that your siblings would not be advised by their legal ádvisors to move away from the terms of the will. It would create a precedent and delay sale of the house. It may be possible to draw up an agreement limiting your occupation of the house to a specific lenght of time.

Of course the decision to do so is not within their power .The Executor would be entirely in his rights to say that he is complying fully with the wishes of the deceased and arranging a sale.

If you and you siblings ie the beneficaries are in agreement there wont be a problem. If the executor doesn't agree ask him to resign or make an application to court for his removal as executor.

Yorrick said:

... The Executor would be entirely in his rights to say that he is complying fully with the wishes of the deceased and arranging a sale.

Click to expand...

I agree. The beneficiaries have no say and no grounds to seek the removal of the executors, who seem to be executing the wishes of the testator, supported by legal advice.

I dont agree with the above. Get good legal advice if necessary. I shouldnt worry about being homeless and you have nothing to worry about provided the siblings agree.

Many thanks for the reply.

I have talked to my siblings and one of the executors. They are happy to let me rent the house on the understanding that we have a written agreement that I will vacate when we get an acceptable offer on the house. I have no issue wil selling the house as its way way too big for just me. I just want to be able to rent the place while we wait to sell it.

would you be able to ,or indeed want to buy the house using your inherited third as a deposit? obviously with the agreement of your siblings. just a thought

Well its a big old house thats really too big for me. Also I am 46 so the chance of getting even a 20 year mortgage is slim. More like a 17-18 year one. Add to that im on mid 30k earnings I doubt I could manage the repayments on the size of mortgage I would need. I am having the house valued next week so I will know what I would need to buy it if I decide to.

Squonkie said:

Well its a big old house thats really too big for me. . Add to that im on mid 30k earnings I doubt I could manage the repayments on the size of mortgage I would need.

Click to expand...

Firstly sorry about your loss.

Big old houses cost a heck of a lot to maintain/heat etc. The repairs never end. You are better of with something you can manage on your salary. Best of luck.