Selling inherited house when sibling living in it

It really isn't that simple, which is why the OP needs to talk to a solicitor - getting an order for sale is very costly, takes a long time and could be ruled against leaving them in uneasy limbo forever more.

As a few pp have said, you absolutely need to get legal advice asap, in your capacity as the executor. As executor you need to follow the will and make sure assets are looked after properly until they can be distributed according to the will- I don't know how allowing someone to remain living there for an extended time would fit with that, particularly if they are making it hard to maintain/sell the house. If the beneficiaries (including you) all decide to give one sister a bigger share there is a legal procedure to follow to allow you, as executor, to do that.

Morally, I think a lot depends on why your sister always lived with your mum, how much she contributed to household costs when she was paying, why she didn't look for another job or even pay housekeeping when she lost her job 10 years ago, how much care your mum needed/for how long, and whether there was ever any family discussion about her becoming your mum's carer. Also, whether she knew this was what your DM's will says.

For example, if she had been working for 20+ years and paying next to nothing, then just didn't feel like applying for jobs when she was made redundant I'd say she's had a bit of an easy ride and plenty of opportunity to save some money for the time when she did need to move out. Especially if she always knew what the will provided and if the care needed was not significant/ not for a long time.

If she had paid some rent and also covered half of all bills, then agreed with your DM not to work so she could help her have a better quality of life then perhaps it's different, but I'd wonder why the will was never changed to reflect this. If there was a discussion with the family about how to pay for significant care, and the sister offered to do it in return for living in the house, again I think this changes things and morally she should be helped more to get a suitable home.

I fear I am facing a similar situation when my DM passes and my situation is more like the first example above.

As executor you are legally bound to administer the estate. It's not for you to decide who gets what, that is set out in the will. The house must be sold so that all beneficiaries can receive their inheritance.

You should take legal advice purely to find out the best way to go about the process of selling the house when someone is living in it.

Personally I think it would be cleaner to evict your dsis first and then market the house for sale. If she doesn't agree to leave, you are likely to need a court order and it's better to do that before you market the property than at the point of exchange.

OP she's your sister. You're all going through something awful, but to expect her to face packing her life up and moving out on top of that seems a little cold.

Sort it so that she has a year or two and revisit. While DS might have benefitted from cheaper housing, you have benefitted from having someone at home looking after DM so you didn't have to worry about any of it. I think even if you're not prepared to pay extra money to reflect that, at least allow her time.

(I feel so weirdly lucky sometimes that my inheritance will be fuck all. I wouldn't trade the relationship I have with my brilliant siblings for any amount of money.)

The painful truth is, contesting a will wont be cheap, like most things when lawyers are brought in. They dont do it for nowt!! It would be likely to be a long drawn out procedure and could potentially wipe out much of the inheritance money.
Best to try and sort it out as amicably as possible, in my opinion

OP, there is some info here on the situation in which you find yourself - but ultimately, you need to seek legal advice. https://www.propertysolvers.co.uk/articles/what-happens-when-one-sibling-is-living-in-an-inherited-property-and-refuses-to-sell/

That would be very much the wrong move to make, the will forms a temporary trust with the executor as "trustee", they have two years under the trusts regulations to dispense with and distribute the assets of the trust - if it takes longer it has to be registered. At the present it should stay registered in the deceased persons name thus forming part of their estate, under the control of the executor.

If it was transferred to the 3 of them as tenants in common, then the asset would be deemed as distributed, that could make things harder and put more power in the resident sisters hands.

OP needs to see a solicitor.

That’s what I’m taking from it too!

This is not a woman who gave up her life to care for her mother, this is a woman who failed to launch, never bothered to leave the nest. Didn't have a life to give up!

Exactly! I wouldn’t assume it was altruistic from the sisters pov. She obviously didn’t have significant enough needs to need to go in to a nursing home. She was obviously able to be cared for at home.

I would understand if she left a well paid job to be a carer but she barely worked by the sounds of it. It would seem strange that carers would have to come in when she’s living there rent free and is at home most of the time…

Detriment doesn't just mean financial, it can be detriment to social circumstances, relationships, career prospects etc, the meaning is quite broad in that case.

Exactly this. OP as Executor you are legally bound to properly administer the estate on behalf of all three beneficiaries including yourself.

Please engage a solicitor who can help with this and advise. You are leaving yourself open to legal challenges from your other sibling.

Once you have done that and you understand your responsibilities and your options, you need to have a frank chat with both siblings together about how to approach the estate.

I am assuming there is not sufficient money elsewhere for your sister to take the house and you and your other sibling to take other assets and I am assuming you and the other sibling wouldn't be open to a deed of variation to grant the house (bulk of the estate) to your sister.

I actually think that was really mean of your mum ,to not think that your sister had given up a lot of her time to care for her ..she should of left the house to your sister .
It will be hard for her to pick up where she was before she became your mum's carer ..and saving you time and money, because you didn't have to do anything for your mum ,as your sister was doing it all
So yes I think your mum was unfair,and I think your unfair
Maybe your other sibling is uncomfortable because honest with you ,and that's why they are not getting involved.
I wonder if your mum's will was done before your sister became her carer and then she didn't think to change it

also the mother clearly wished all siblings to inherit,its her wishes to be followed

did the sister appoint herself as carer,so she didnt have to move out and get a job that paid enough for her to support herself? just wondering if she is as selfless as some on here think.
I have witnessed this with a friends sibling in a similar situation,where the mother would probably have preferred to have lived alone for many years with family just visiting instead,but her son never got his act together.

I can't imagine doing this to a sister who looked after my mother.

We had this. BIL was living in the family home. Now he was in a position to buy somewhere else but getting him out was really hard. In the end it took about three years to get it all sorted. DH no longer speaks to his siblings. You just have to follow what was outlined in the will. As a pp says your mum could have made provision for your sibling if she had wanted to.

This, 100%

We will also be in this situation when the time comes. It will be rough but its tough, she cants remain in it forever.

Our neighbours sister always looked after their Mum, and lived with her all her life. NDN has agreed for her to stay there until she passes, and house will be sold then .They realise it will be their DC who benefit ,and think of it as an inheritance for her and her DC .I think unless you are desperate for the cash maybe you could leave Sis for a while maybe .Caring for someone is incredibly hard ,and emotionally stressful as well

Why?

Get legal advice now about obtaining an order for sale. If your sister who has lived there and stayed on as carer to her financial detriment can prove your mother promised to make adequate provision for her to stay in the house for life, but never go around to changing her will, she might have a claim against your mother's estate under the inheritance family and dependents act 1975 for better financial provision than a 1/3rd share in proceeds of sale , so it's best to get advice in advance to avoid running up a big legal bill and even less for the estate to share, and if the advice is to compromise, try settle the dispute with a bit of negotiation.

Bullshit.
There are 3 daughters... Mum has rightly split her estate 3 ways.

Im not saying the sister lacks mental capacity.

Also, make sure you have a will that shows you own one third of the house.

Err, she’s only mid fifties, not elderly. Yes, she may need support and guidance, but there’s nothing to say she lacks mental capacity.