Selling inherited house when sibling living in it

Just bear in mind that if you sell, the buyers will likely want her to have moved out PRIOR to exchange of contracts, so she’ll likely need somewhere to go before the property is sold and she receives her share.

People are overlooking this.
Had Mum gone into a care home when she first needed full-time care, which was 5 years ago, unless she had savings, the 280k value of the house would have been eaten up long ago.

I sympathise with the OP, but I sympathise with her sister more because she is in a really bad position.
The best-case scenario would be that the selling of the house could be put on hold to give the sister/carer a chance to work out her future, and give everyone the time to grieve.

What we don't know, and is very important in law is what the resident sister was given to believe by the mother - if the mother gave her reassurances that she would have the home then the sister has a valid claim to it, or at least adequate provision from the estate, irrespective of what's in the will.

Ultimately if the resident sister does nothing and sits it out, it will be the court that makes that decision for her, the likely outcome would be a lifetime right to stay.

Yep. Has anyone suggested OP does the house up for her moocher sister, signs it over to her then keeps a kidney on ice for her in case she needs it?

It's the same situation for the care fees.

So all this bravado about issuing invoices for this and that is truly pointless.

Best to forget it and everyone deal with the situation as it is rather than as it might have been.

Another weekend, another will thread where many posters think that it's perfectly reasonable to expect women to give up tens of thousands of pounds of their own money because it's 'kind'. After all its only for her pension and family.

It is not kind or compassionate for the sister to sit on money that doesn't belong to her, to prevent the legal distribution of an estate and to not properly plan and take responsibility for their life.

Its obviously a huge change for Dsis and im trying to be sensitive but I thought I really need to start tackling the situation and not just ignoring it , cant decide if better to give Dsis more time to grieve, it been 4 months, or to push ahead

It's been 4 months... Jesus.

You have no idea about social housing or "nest eggs", or the combination of both - do you?

You can't just up and decide to live in a Council house instead!!

The DM wont necessarily have needed a care home, the sis might have been just providing meals/companionship/etc all of which are easily outsourced. I have a number of relatives who had various types of care, only 1 spent 1 month in a care home, all the rest of it was visiting carers. It could have been easier for sis to work less and "be a carer".
If your other sib is suggesting a smaller share maybe do 50/30/20 with that sib taking the 20

If the mother hadn’t needed care (and a care home might not have been needed for 5 years if the sister hadn’t been there) would some posters answers be different

Carer or not, most people have to pay for the roof over their heads. I’m not heartless,
but I wouldn’t be up for having the piss taken out of me by a freeloader. She’s had a good ride but it’s over now. At the wish of her mother, it is not her house. She owns a 1/3 share. She can either buy OP out or it’ll need to be sold so she can find somewhere else to live. But as usual on MN, people are very generous with other people’s money.

Caring for the mum in a nursing home would have cost 5K per month. The sister who resided in the family home saved the siblings a lot of money.

But no rent was requested by the mother, so there was no rent, so its just not a thing in this situation.

It would be foolish to try and retrospectively claim it was owed as that would result in further legal complications and if this notional rent was settled a pretty large tax bill on the estate.

Sister lived there pretty much rent free, whilst her siblings will have either paid rent/mortgage since leaving home. Sister benefitted massively from still living at home

What rent?

What rent?

Good to hear.

I do hope the resident sibling follows the same route and gets this to court. I bet then the time she spent caring for her mother and the impact on her career will be taken into account.

If the sister had walked away from elder care, the parent would have needed to go into a care home and the house would have been sold to pay for the fees.

Now everyone is circling to get the sister out and the money in. A bit more compassion and fairness would go a long way.

If, if, if.
If the mum had downsized 30 years ago and the sister had moved out, the inheritance might be in stocks and shares and the smaller place might have been sold.
The mum might have given them all the proceeds of the sale and they might all be secure now.
None of that happened.

I think it's clear from all the advice that as executor it is best you get it sold as soon as possible and split the cost as intended by your mother; at that point you can decide with your brother whether to gift your sister any part of your share. At her age I think social housing would be better - with a nest egg of her own invested into a private pension fund for later life - and a long overdue post-caring holiday.

Going down the road of ending up in legal challenges would drain the funds. It's that simple. My suspicion re your brother is that the minute he is asked for extra help from his share and can't avoid it - he'll suddenly be able to talk.

And the thirty years of rent?

If your mum had gone in a care home there wouldn’t be any inheritance. Whatever your sister’s reasons she cared for your mum for five years. It would be kind to give her half.

And then OP can present her with a bill for the decades of rent she owed to her mother and now the estate.

And I'm sure that would all be very helpful and constructive.

Unfortunately in this situation OP has legal obligations to all three siblings. It is a difficult situation to be sure and one that should be handled with compassion, but ultimately sister needs to understand that.

Exactly. It's her home, and has been her home her whole life. Presumably, she is frightened and overwhelmed at the thought of moving out, and frankly not mentally or emotionally able to.

Posters calling her a scrounger for living in this house she has always lived in... I hope she presents OP with a bill for the years of caring.

Relatives of mine had similar, and the court awarded the resident sibling 60% of the estate.

If your sister won't move out, then you may have to go the legal route with a lawyer to get a court order to move her out.
But why not give her some concrete options as if she's always lived at home she'll have no idea what to do. Show her some estate agents leaflets of one bed flats, go through the finances with what the deposit will be, how much the mortgage will be based on her income.
You could also look at the possibility of a shared ownership flat with a housing association in your area.